Analysis of Fiqh Review of Child Custody Rights After Divorce (Ḥaḍānah) in Religious Court Decisions
Year: 2024
Type: article
Abstract: This research analyzes the concept of ḥaḍānah (child custody) from a fiqh perspective and its application in religious court decisions in Indonesia following divorce. The study aims to examine how Islamic legal principles regarding child custody are interpreted and implemented by judges, and to what extent these decisions align with contemporary legal standards and child welfare principles. Using a qualitative juridical-normative method combined with case analysis of selected court rulings from the last decade, this study explores the consistency, rationale, and trends in religious court verdicts. The findings reveal that while religious courts largely adhere to classical fiqh doctrines such as maternal priority for young children and considerations of parental capability there is an increasing shift toward integrating the best interests of the child, psychological well-being, and social context into judicial reasoning. However, gaps remain in the uniformity and depth of such interpretations. This study recommends harmonizing Islamic jurisprudence with modern legal and welfare frameworks to ensure more child-centered, equitable outcomes in custody cases. The research offers insights for legal practitioners, judges, and policymakers involved in Islamic family law reform.
Source: Syariat
DOI: 10.35335/4m7ekc86
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4410714721