Asset Seizure and Child Support Enforcement: A Maqāṣid-Based Reconstruction of Indonesian Islamic Family Law

Abstract

This study examines post-divorce child support in Indonesian Islamic law and positive law, focusing on the legal basis for confiscating ex-husbands’ assets and reconstructing child support enforcement through a maqāṣid al-sharī‘ah perspective. Using a normative-juridical method with statutory, conceptual, and case approaches, the study analyzes legislation, fiqh literature, and religious court decisions concerning child support and maintenance enforcement. The findings reveal that although both Islamic law and positive law impose child support obligations on fathers, enforcement remains weak, with many court decisions left unexecuted. This reflects the absence of effective enforcement norms and results in structural injustice toward children. From a maqāṣid perspective, asset seizure constitutes a legitimate and necessary enforcement instrument consistent with the protection of offspring (ḥifẓal-nasl) and property (ḥifẓal-māl). The study highlights the need to strengthen enforcement norms and judicial mechanisms governing child support obligations and recommends more proactive court practices to ensure the effective realization of children’s rights in Indonesia.