152 islam, politics and change
3.5 Gender Sensitivity Among Judges: Spousal Alimony afterTalak
Gender sensitivity among judges constitutes another factor in terms
of gaining better access to justice for women. Although I mentioned
above that judges have not been receptive towards women in the case of
polygamy, partly thanks to training sessions held by a number of centres
in cooperation with international donors, such as the Embassy of the
Kingdom of the Netherlands and the Asia Foundation, a number of
judges from the courts of Serang, Tangerang and Cianjur, have become
more sensitive to gender issues, particularly in respect of divorce. Almost
all divorce cases initiated by wives heard in these three courts have
resulted in approval.
The gender sensitivity of judges can also be seen in their attempts to
implement the ruling that wives should receive spousal alimony after
divorce. In all 18 cases heard in the courts of Tangerang and Serang,
the judges stated that husbands were required to pay to the clerk the
spousal alimony for three months and themutʾah(gift of consolation)
before they were permitted to pronounce the divorce formula in court.³³
However, judges can also make a different decision and take the financial
circumstances of a husband into account, allowing him to pronounce the
divorce formula without making the payment into court. This usually
comes with a warning from the judge that husbands are expected to
fulfill their obligations later. The judges would argue that such a decision
prevents wives from waiting for a long period for clear legal status, i.e.,
being divorced.
The financial circumstances of the husband may also make judges
decide on a lesser amount of maintenance than demanded by wives.³⁴
In one case in Tangerang, for instance, spousal alimony was fixed at
700,000 rupiah per month for a period of three months and themutʾah
at 500,000 rupiah. There was no agreement on alimony for children
as they had none. After the wife and husband had agreed on the sum,
during the session in which the husband would pronounce the divorce
formula, the court asked the husband if he had the money ready; the
husband said he had. Without being asked, he gave the money to the
clerk who, after checking that the amount was correct, passed it on to
the wife. She received the money in a casual fashion and did not do
what the chief judge asked her to do; that is, to check the amount of
Based on notes of hearings held in courts of Serang and Tangerang and interviews
with judges in Serang and Tangerang, September, October and November 2010.
Based on notes of hearings held in courts of Serang and Tangerang and analysis
of a number of judgments issued by these two courts.