KELEMAHAN ENFORCEABILITY PASAL 105 KHI: MASALAH EKSEKUSI NAFKAH DAN PENGAWASAN HADHANAH BAGI IBU TUNGGAL

Abstract

This study explores the vulnerability of single mothers in exercising child custody rights after  divorce in Indonesia, focusing on a normative juridical review of the Compilation of Islamic Law  (KHI). Although the KHI normatively grants custody (hadhanah) of non-mumayyiz children to  mothers, practical reality reveals numerous structural, economic, legal, and social challenges faced  by single mothers. The study adopts a library research method by analyzing regulations, court  decisions, and legal literature. The findings highlight a significant gap between written legal norms  and their practical enforcement, particularly in executing court rulings and securing financial  support from ex-husbands. Additionally, the patriarchal culture within judicial institutions and the  absence of gender-sensitive legal frameworks exacerbate the vulnerability. Therefore, reform in  Islamic family law is urgently needed, including regulatory updates, strengthened enforcement  mechanisms, and integration of gender justice principles to ensure the substantive protection of  mothers’ and children’s rights.