184 islam, politics and change
Waiting in front of the courtroom, Bulukumba
not registered as post-divorce cases and it would require going through
the divorce register books to establish case-by-case whether post-divorce
(counter)claims were part of the petition. Having said that, the number
of cases at the Islamic court of Bulukumba that include post-divorce
claims for the years 2008 and 2009 are as follows:
4.1 Spousal Support Rights
First of all, the spousal support rights can be subdivided into three
components: unpaid due maintenance (nafkah yang lampau), the gift of
consolation (mutʾah), and maintenance during the three-month waiting
period for the wife (iddah) in which the wife may not remarry in order
to establish whether she is pregnant (nafkah iddah). Nafkah iddah in fact
constitutes the wife’s right to maintenance during the iddah after her
husband’s talak. During those three months, the marriage can still be
reconciled (rujuk) without a new marriage ceremony having to take place,
provided the status of the divorce is non-final (rajiʾi).³⁴ In contrast, under
Indonesian Muslim family law, all women-filed divorces are immediately
final (baʾin) meaning that the wife has no rights to maintenance in the
A third talak that takes place within the same marriage is immediately a final
divorce.