TINJAUAN HUKUM TERHADAP KEWAJIBAN NAFKAH SUAMI PASCA PERCERAIAN DALAM PUTUSAN HAKIM PENGADILAN AGAMA KOTA MALANG

This research, entitled “A Legal Review of the Husband’s Obligation to Provide Post-Divorce Maintenance in the Judge’s Decision of the Malang Religious Court,” explores the issue of unfulfilled economic rights of women and children after divorce despite existing legal provisions. The study aims to analyze judges’ considerations in deciding post-divorce maintenance cases and the obstacles faced in enforcing those rulings. This study employs an empirical legal research method with a juridical-sociological approach. Primary data were collected through interviews with two judges of the Malang Religious Court, while secondary data were obtained from legislation, the Compilation of Islamic Law, and relevant literature. The findings indicate that judges’ considerations include legal foundations (Law No. 1 of 1974, KHI, and Supreme Court Circular No. 3 of 2018), principles of fairness and propriety, the husband’s financial capacity, and protection of women’s and children’s rights. Obstacles include the ne ultra petita partium principle, lack of formal evidence, weak enforcement mechanisms, and low legal awareness among the public. In conclusion, judges act not only as enforcers of formal law but also as guardians of substantive justice who seek to balance legal certainty and social benefit.