foto: Instagram/@baimalkatiri
Brilio.net - Baim Cilik or Baim Alkatiri, is back in the public spotlight after revealing shocking news about his relationship with his father. In a recent podcast, Baim revealed that his father no longer fulfills his obligation to support him after their parents' divorce.
In a statement made by Baim, he explained that since his parents' divorce in 2022, his father no longer provides for him. In addition, Baim revealed that his father had sold the house that he had bought with his hard work, with a value of Rp 1.3 billion. Not being supported and the sale of the house made many people wonder about the rights and obligations of parents in the context of divorce from an Islamic legal perspective.
In Islam, the responsibility to provide for children does not end with the divorce of parents. Fathers have an obligation to continue to provide for their children, both materially and emotionally.
The following is a further explanation compiled by brilio.net from various sources, Thursday (12/9) regarding the obligation to provide child support after divorce according to Islamic law as well as a guide to ensuring that children's rights are still met.
The law of child support in Islam.1. Obligation of the father to provide child support.
photo: freepik.com
In Islam, the obligation to provide for children lies with the father, even after divorce. This is one of the rights of children regulated in sharia law. The father is obliged to fulfill the basic needs of the child, including food, clothing, and shelter, as long as the child is still under his care and is not yet financially independent. This obligation is not interrupted just because of the divorce of the parents.
2. Child support after divorce.
According to many scholars, child support is not only financial support but also emotional and educational support. Divorce does not eliminate the father's obligation to meet the child's needs. If the father fails to fulfill this obligation, then the child has the right to demand support through legal channels, and the court can decide the amount of support that must be given based on the child's needs and the father's ability.
3. Children's rights in divorce.
photo: freepik.com
The child's right to receive support is also regulated in the context of other rights that must be fulfilled by the parents. For example, the right to receive a good education and health care. In cases of divorce, the father remains responsible for providing these needs until the child reaches adulthood or is financially independent.
4. Parental responsibilities after divorce.
In addition to the obligation to provide support, parents also have the responsibility to maintain a good relationship with their children. This includes providing emotional attention and moral support. Divorce can affect a child's mental health, so support from both parents is essential for a child's well-being.
5. Enforcement of children's rights through legal channels.
If a father fails to fulfill his obligations, the mother or guardian of the child can file a lawsuit to ensure that child support is provided in accordance with Islamic law. The religious court will consider the father's financial condition and the child's needs to determine the appropriate amount of support.
6. The role of mothers in guaranteeing children's rights.
Although fathers have the primary obligation to provide for their children, mothers also have an important role in ensuring that children's rights are met. Mothers can help by filing a lawsuit if the father does not provide for their children and also ensuring that the children receive their daily needs.
7. Obligation to provide maintenance in the case of sale of property.
If one party, such as a father, sells a valuable asset, such as a house, the proceeds from the sale must still take into account the child support obligation. The sale of assets does not eliminate the established child support obligation. Financial arrangements after divorce must take into account the rights of the child.
8. Children's education and health.
photo: freepik.com
The obligation to provide for the family also includes education and health costs . The father must ensure that the child receives a decent education and adequate health care. In the case of divorce, this obligation remains in force and must be regulated fairly.
9. Mediation and dispute resolution.
In some cases, mediation between the two parties can help resolve a child support dispute. Mediation can involve a third party, such as a legal advisor or family mediator, to reach a fair agreement regarding child support and rights.
Overall, Islamic law emphasizes that the obligation to provide for children is a responsibility that cannot be ignored by parents, even if they are divorced. The welfare of children must remain a priority, and their rights must be protected through appropriate legal mechanisms. If faced with a similar situation, it is important to understand the rights and obligations in the context of Islamic law and seek legal assistance if necessary.
(brl/jad)
