Gender-Based Restorative Justice in Religious Courts: Protecting Female Victims of Domestic Violence in Divorce Cases

Abstract

This article critically examines the application of gender-based restorative justice principles in Religious Court judges' decisions in divorce cases based on domestic violence (KDRT). Despite the existence of adequate legal frameworks, such as Law Number 23 of 2004 concerning Domestic Violence and Supreme Court Regulation Number 3 of 2017 concerning Guidelines for Adjudicating Women's Cases, the gap between legal norms and judicial practice still exists today. This study uses a normative juridical approach through a literature review and synthesis of previous research analyzing Religious Court decisions, supported by an examination of illustrative Religious Court rulings on iddah maintenance and mut'ah in domestic violence-based divorce cases. The results indicate that many Religious Court judges' decisions in domestic violence-based divorce cases remain formalistic, have not fully integrated gender perspectives, and have not considered substantive victim recovery. From the perspective of maqasid al-syariah, protection of life (hifz al-nafs) and protection of offspring (hifz al-nasl) require judges not only to decide on divorce, but also to ensure that victims receive their right to recovery. This study proposes a three-dimensional restoration framework as a normative and practical guide for Religious Court judges to deliver substantive, gender-responsive justice in domestic violence-based divorce cases.