Protection of Women’s Rights in Divorce Lawsuits (Cerai Gugat) from the Perspective of Maqasid Asy-Syari‘ah (Implementation of SEMA Number 3 of 2018 at the Mahkamah Syar’iyah Blangkejeren)

Abstract

This article examines the protection of women’s rights in divorce lawsuits (cerai gugat) at the Syar’iyah Court of Blangkejeren through an analysis of the implementation of Supreme Court Circular Letter (SEMA) Number 3 of 2018 using Jasser Auda’s maqasid al-sharī‘ah framework. This study is motivated by the persistent inadequacy in fulfilling women’s post-divorce rights due to structural, cultural, and procedural barriers. Employing qualitative field research, data were collected through interviews with court officials and women divorce litigants, analysis of court decisions from 2018 to September 2025, and document review. The findings indicate that although SEMA 3/2018 has encouraged gender-sensitive judicial practices, the protection of women’s rights remains suboptimal. Key obstacles include limited legal awareness, inadequate legal assistance, difficulties in proving domestic violence, patriarchal culture, and weak enforcement of post-divorce maintenance. From the maqasid al-sharī‘ah perspective, protecting women’s rights in divorce cases represents the realization of the objectives of safeguarding life, intellect, lineage, property, and human dignity. This study concludes that integrating contemporary judicial regulations with a maqasid-oriented approach is essential to achieving substantive justice and gender-responsive Islamic family law.