The Principle of Reciprocity in Contemporary Court Decisions: Analysis of <i>Qirā'ah Mubādalah</i> in Divorce Decisions of the Surabaya Religious High Court

Purpose – Divorce cases impact not only the relationship between husband and wife but also the rights of both parties after the divorce. The fulfilment of maintenance rights is often delegated to one party, particularly the father, as he is perceived as the most responsible for maintenance. However, this is not always the case. Decisions in divorce cases at the Surabaya Religious High Court show that the allocation of maintenance is not based on the status of being a father (male) or a mother (female), but rather on who is considered more capable of fulfilling it. The purpose of this study is to analyze the contemporary judge's considerations in the divorce case decision at the Surabaya Religious High Court and examine the principle of mutuality of the Qirā’ah mubādalah theory, which is reflected in the decision. Method - The method used was library research by reviewing the divorce decision of the Surabaya Religious High Court in case No. 217/Pdt.G/2021/PTA.Sby. The analysis was carried out using the concept of Qirā’ah mubādalah theory. Findings – The results of this study are as follows: The PTA Surabaya decision shows that the judge's considerations were not only on normative aspects but also on the socio-economic context of the parties and correcting first-level procedural errors. The abolition of māḍiyah income and adjustments to ḥaḍānah income reflect situational justice in accordance with Q.S. At-ṭalāq. The principle of Qirā’ah mubādalah in the Surabaya Religious High Court (PTA) decision is evident from the placement of men and women as equal subjects. The adjustment of livelihood reflects mutuality and relational justice, and shows that the values ​​of mubādalah can be integrated into formal law fairly and legally. Although the Surabaya PTA ruling has accommodated procedural and substantive justice, it still has weaknesses because it does not emphasise the dimension of substantive justice in māḍiyah alimony. Research implications and limitations– This study shows how Qirā’ah mubādalah can guide judicial reasoning in divorce cases, offering a framework for integrating gender mutuality and situational justice into contemporary Islamic family law. The limitation of this paper is that it does not present many court decisions on divorce cases as comparative data for this decision. Originality – The study is original in applying Qirā’ah mubādalah to court decision analysis, demonstrating how mutuality principles are concretely reflected in maintenance rights within Islamic family law today.