ABSTRACT

This chapter discusses the experiences of Muslim women in Indonesia's Religious Courts and how they are treated in divorce and post-divorce cases, in particular those involving custody of children. The ulama of the four Sunni schools of Islamic law do not always agree, however, regarding the principles involved in applying these ideas in practice. The government has drawn attention to the improvement of legal awareness in Muslim communities, including among women. The Indonesian Child Protection Commission has received complaints from a number of mothers who have lost custody. There are still problems in the implementation of state law in Indonesia. The issue of gender equality in the division of rights between men and women is relevant to the issue of custody. Although there have been a number of legal attempts to protect women's rights, many are still unable to obtain their post-divorce rights, including custody rights, as laid out in the law.