Protection of Wives’ Rights in the Phenomenon of Silent Divorce from the Perspective of Islamic Family Law in Indonesia

Abstract

The phenomenon of silent divorce refers to a situation in which a married couple remains legally bound by a valid marriage, while the essential functions of marriage—including communication, affection, conjugal responsibilities, and family cooperation—have substantially deteriorated. Unlike formal divorce, which terminates the legal marital relationship through a court decision, silent divorce occurs when the legal status of marriage is maintained while the substantive dimensions of the marital relationship have ceased to function effectively. This condition may create vulnerabilities in the protection of wives’ rights, particularly with regard to financial maintenance, kind and equitable treatment, psychological protection, and the resolution of marital conflicts. This study aims to examine the status of silent divorce as a form of vulnerability to wives’ rights from the perspective of Indonesian Islamic family law and to formulate a relevant legal protection model for addressing such conditions. The study employs a normative juridical method using statutory, conceptual, and maqāṣid al-sharīʿah approaches. The sources of the study include statutory regulations, the Compilation of Islamic Law, Supreme Court regulations, Islamic family law literature, and scholarly articles addressing emotional divorce and the protection of women’s rights. The findings indicate that silent divorce has no legal status as a form of divorce under Indonesian positive law; however, it may constitute a legally significant risk when it results in the neglect of wives’ rights. From the perspective of Islamic family law, the protection of wives in such circumstances should be oriented toward preventing harm (dafʿ al-ḍarar) and preserving family welfare (maṣlaḥah). This study proposes a multilayered protection model consisting of preventive, remedial, litigative, and post-judgment protection. This model broadens the scope of Islamic family law scholarship from protecting women after formal divorce to safeguarding wives’ rights before formal divorce occurs.