PEMENUHAN HAK NAFKAH ANAK PASCA PERCERAIAN PERSPEKTIF SOSIOLOGI HUKUM KELUARGA ISLAM: STUDI KASUS DI DESA ADIKARTO KECAMATAN ADIMULYO KABUPATEN KEBUMEN

Abstrak

This study aims to examine how the practice of child support fulfilment after divorce is carried out in Adikarto Village, Adimulyo District, Kebumen Regency, and to analyze it within the perspective of Islamic family law sociology. The research method used is a qualitative approach with the type of field research. Data were obtained through interviews, observation, and documentation, then analyzed descriptively-analytically by referring to statutory regulations, the Compilation of Islamic Law, and theories of Islamic family law sociology. The result of the study show that normatively, Law Number 16 of 2019 and the Compilation of Islamic Law affirm that the father remains obliged to provide for the child even after divorce. However, in the social practice of Adikarto Village, this obligation is not fully met. The mother also participates in fulfilling part of the child’s needs due to the father’s economic limitations, communication barriers, as well as moral considerations in prioritizing the best interests of the child. The patterns of child support fulfillment vary: some fathers consistently provide support with the mother complementing, some share the responsibility together, and in certain cases, the mother plays a more dominant role in meeting the child’s needs. From the perspective of Islamic family law sociology, this phenomenon reflects the existence of living law (the law that lives within society), in which child support fulfillment is seen as a joint responsibility of both parents, not solely the father’s obligation. Family values, mutual cooperation (gotong royong), and the principle of maslahah (benefit/public interest) serve as the main foundation in the social practices of Adikarto Village.Thus, the fulfillment of child support rights after divorce in Adikarto Village is dynamic. Formally, the obligation lies with the father, but socially and morally, the mother also plays an active role for the best interests of the child.