PEMENUHAN HAK NAFKAH ANAK PASCA PERCERAIAN PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF

Abstract

Fulfilling the right to child support after divorce is a crucial issue in Islamic family law and Indonesian positive law. Children retain the right to child support even after the marital relationship between the two parents has ended. However, in practice, providing child support often does not work as intended. This study aims to determine how the right to child support is implemented after divorce and the factors influencing the inability of some ex-husbands to fulfill this obligation. Based on the research results, it was found that there are differences in the implementation of the obligation to provide child support after divorce: some ex-husbands continue to provide child support according to their ability and legal requirements, while others are unable to fulfill it optimally due to economic constraints and insufficient income. A tight economic situation is the main factor causing the failure to fully fulfill the right to child support. Nevertheless, both legally and morally, the father's responsibility for child support remains inherent and must be pursued in good faith according to his or her ability. This study emphasizes the important role of the state and religious courts in providing legal protection for children's rights, as well as the need for awareness and moral responsibility from both parties