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Sri Susanti Auna; Mutia Ch. Thalib; Dolot Alhasni Bakung

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to find out the legal rules regarding the parentage of stepchildren in the distribution of inheritance according to the Civil Code and the Compilation of Islamic Law and to find out the legal consequences of having stepchildren inherit from their stepparents in Kualalumpur Village, Kec. Paguyaman. This research uses the Normative/Empirical Juridical type of research. The results of this research found that the position of stepchildren in inheritance distribution according to the Civil Code and KHI is that stepchildren are not classified as heirs of their stepparents, stepchildren can only inherit from their biological parents even if they were brought to their biological parents' most recent marriage. Under Islamic law, stepchildren can inherit their stepparents' inheritance by means of a will. The Impact of Position Law on Stepchildren Inheriting From Their Stepparents in Kuala Lumpur Village, District. Paguyaman is: Stepchildren do not inherit from their stepparents, stepchildren become an obstacle which results in a reduction in their stepparent's share, stepchildren can only be given a compulsory will.  

Laila Puspita Anggraeni; Syahidin Syahidin

Jurnal Yudistira : Publikasi Riset Ilmu Pendidikan dan Bahasa 2024 Asosiasi Riset Ilmu Pendidikan Indonesia

The massive patriarchal culture in society, misunderstanding of religion and unequal power in the family have resulted in high rates of domestic violence in Indonesia, where women are often the victims of violence. This violence often leads to divorce, while the wife is always the loser. This article discusses the importance of gender equality in Islamic family law as an effort to break the chain of domestic violence and achieve the goal of a harmonious marriage. This article uses the library research method by collecting literature related to domestic violence and family law in Indonesia. The analysis is conducted using the normative-inductive method with a gender justice approach, focusing on the position of men and women in the marriage relationship. In the discussion, this article reviews domestic violence, the forms of violence that occur, as well as the causes of domestic violence elaboration of family regulations in Muslim countries. Efforts to eliminate domestic violence and create harmonious families require the implementation of gender equality in family law. This is key to ensuring the well-being and protection of all family members, as well as to achieving the essence of the purpose of marriage in Islam.

Teni Marzela; Nyayu Siti Fatimah; Lathifah Lathifah; Dwi Noviani

Jurnal Riset sosial humaniora, dan Pendidikan (Soshumdik) 2024 LPPM Universitas 17 Agustus 1945 Semarang

This article aims to explain in more depth that early marriage is taking away the nation's future. Early marriage in Indonesia is an increasing trend. This is demonstrated by data revealing high numbers of requests for marriage dispensation in the Religious Courts in a number of regions. In fact, sadly, the high number of requests for marriage dispensation, according to data from the National Population and Family Planning Agency (BKKBN), 80% of them are due to pregnancy out of wedlock. Marriage is an important thing in the human life cycle. One of the reasons for marrying young is to avoid promiscuity that violates religious and social norms, as well as reducing the burden on parents. Early marriage is a phenomenon that robs the nation of its future. This article discusses the negative impact of early marriage on children's growth, society, education and public health. By analyzing the factors that influence the continuation of early marriage, it is hoped that effective preventive steps can be taken to protect the future of future generations.

Aisya Aisya; Helniyani Helniyani; Putri Wulandari; Dwi Noviani

Al-Tarbiyah: Jurnal Ilmu Pendidikan Islam 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

There was a divorce that broke the relationship between a husband and a wife. But there are other attempts to unite the couple through one word called reference. This study aims to describe and analyze the different references and reference procedures between the KHI and some of the Mazhab views. The research carried out using library research with the collection of data obtained from the study of the library (library research). The data received is divided into two primary data and secondary data. Furthermore, the data analysis techniques in this research are qualitative with deductive-inductive reasoning. The results of the study show that there is a reference difference in the view of the mazhab and KHI which is the maintenance of marriage. According to Mahab Shafi'i, the reference is to restore the status of marriage law in the midst of 'iddah after the occurrence of talak Raj'i. According to the hambali reference was to return to the state of the wife after the happening of the talak raj'i and is still in the iddah without repeating the interruption. Meanwhile, according to Imam Malik the referral is the return of the wives who have been interrogated other than Ba'in, with without doing interruptions and in the time of iddah. The husband who commits a ruse is a man who is lawful, reasonable, self-righteous, and not a murderer. According to Mazhab Syafi'i, the reference must be expressed in a clear or concise manner. However, according to the scholars, including Mazhab Hanafi, referrals are usually performed orally and are usually also performed directly by spouses. When the husband and wife of the village office are required to request a letter of reference for reference to KUA by showing an act of divorce issued by the Religious Court then to the office of religious affairs with the purpose of informing the KUA to reference, conducting examination, paying the fees of the registrar of references then issued the testimony has made a reference published by KUA and revoking the marriage book

Bagas Rio Adi S; Ahmad Junaidi; Busriyanti Busriyanti

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Apart from being regulated by Islamic law, in Indonesia marriage is also regulated by the state, as is the registration of marriages which is regulated by article 2 of Law No. 1 of 1974 concerning marriage. These regulations were not made without reason, but these regulations were made to ensure orderly marriages for the Islamic community in Indonesia. The practice of unregistered marriages is based on different reasons, whether due to economic factors, not wanting to have difficulties with marriage administration, and so on. The research method used in this work is normative legal research or what can also be called literature study with various data sources which are then analyzed in depth and presented descriptively. Until we reach a simple conclusion that according to positive state law, a wife is not considered a legal wife, because there is no authentic evidence, because in the Compilation of Islamic Law the truth about the existence of a marriage can only be proven by the existence of a "marriage certificate" made by a Marriage Registrar.

Ania Nasyira; Faiza Nisrina; Roselia Ariyanti

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

Early marriage is a practice that still occurs frequently, especially in Indonesia. Even though in Indonesia there has been legal certainty regarding the age limit for couples who will marry in the form of statutory regulations, one of which is the Marriage Law, in reality the practice of early marriage continues due to various factors, including cultural, economic and lack of education. This research aims to analyze the impact of early marriage on the quality of family life based on the perspective of Islamic law, as well as to examine the views of the Imams of the School regarding early marriage and how the views of these Imams influence the practice of early marriage in Islamic society. By using research methods through a juridical approach and supported by primary and secondary data collection techniques, this research is aimed at providing a comprehensive understanding of the influence of early marriage itself. Based on the research that has been carried out, the results obtained are that early marriage causes more negative impacts than the benefits obtained. These negative impacts include aspects of biological, psychological, social and deviant sexual behavior. Apart from that, there are differences of opinion from Imams regarding the age limit for a person's maturity so that society must really consider the readiness of the child they are going to marry, especially in economic, biological and psychological terms.

Muhammad Jamaludin; Hafid Gunawan; Indra Ezha Nor Rizhal; Surya Sukti

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Changing religions in Arabic is called Riddah. Meanwhile, apostate refers to the perpetrator, namely the person who is an apostate. Riddah linguistically means Ar-rujū'u 'ani al sya'i ilā ghairihi (turning from one thing to another). According to the term, it means leaving Islam to disbelief, either through actions, words, i'tiqad or doubt. Such as believing that Allah SWT, the Creator of Nature, does not exist, Muhammad SAW's apostolate is not true, it justifies actions that are haram, such as adultery, drinking alcohol and wrongdoing, or forbids things that are halal, such as buying and selling, marriage, or denying obligations that agreed upon by the entire Muslim community, such as denying the five daily prayers, or showing behavior that shows that the person concerned has left the Islamic religion, such as throwing the Koran into a landfill, worshiping idols and worshiping the sun.

Fitria Agustin; Rokilah Rokilah

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The Qur'an's attention to the family is shown by the many verses that talk about family problems, from marriage problems to the problem of dividing inheritance. It is not only shown by the details of family problems regulated in it, but also by the verses that talk about various family rules. The facts that occur regarding marriage sometimes give rise to multiple interpretations among experts and the public, especially among Muslims. This article focuses on a review of Fiqh Rules or specifically Legal Rules (Qawaid al Ahkam) which are applied to resolve practical problems in Family Law. This rule classifies similar problems into one specific rule based on sources from the Koran and Hadith which are expected to make it easier to understand and resolve problems related to Family Law with normative application, namely Legislation on Marriage. This type of qualitative normative juridical research is research that refers to legal norms contained in legislation and norms that live and develop in society. The research results show that 1) The legal principles applied in Marriage law in Indonesia are the principle of monogamy, the principle of consensuality, the principle of proportionality and the principle of complete unity; 2) Fiqh rules in Islamic Family Law are applied in the Marriage Law with the aim of solving community problems within the scope of family and marriage law.

Arif Bijaksana

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The purpose of the study was to examine and analyze the legal protection of the wife's inheritance rights from unregistered marriages associated with the function of registering marriages with a comparative study of Islamic Fiqh and Law No. 1 of 1974. The research method of this writing is a normative juridical research that refers to the Qur'an. , Al-Hadith, Books of Fiqh, Legislation and related books that are relevant to this research. The data analysis technique used is a literature study which was analyzed qualitatively. The results of this study are that the second wife's inheritance rights from unregistered marriages are associated with the function of registering marriages. They have the right to inheritance which is owned jointly by the inheritance in the form of husband's innate property and joint property obtained by the second wife and her husband during the marriage period for the sake of a sense of justice and legal protection, legal protection of the second wife's inheritance rights in this study that to obtain inheritance rights and recognition to legalize marriages to religious courts. the results of the marriage itsbat as the legal basis for recording the marriage to the marriage registrar at the Office of Religious Affairs, then a Marriage Certificate Quotation Book is issued as authentic evidence that a marriage has been registered. So the legal protection and legal certainty of the second wife's inheritance rights from unregistered marriages associated with the function of recording marriages can obtain legal inheritance rights.

Noor Izzati Amelia; Radiatus Sholehah; Khairunnisa Khairunnisa

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Zina and accusations of adultery (qadzaf) are two central themes in Islamic criminal law. This research examines the definition, proof, and sanctions of zina and qadzaf from the perspective of Islamic criminal law using the literature method. Zina is defined as sexual intercourse outside a legal marriage, while qadzaf is accusing adultery without sufficient evidence. In Islam, adultery is proven by four witnesses, confession of the perpetrator, or other supporting evidence. The punishment for muhsan adulterers (married) is stoning, while ghairu muhsan (unmarried) are flogged 100 times. Meanwhile, qadzaf can be proven by four witnesses, confession of the perpetrator, or an oath (according to Imam Shafi'i). The punishment is 80 lashes and the testimony of the perpetrator is not accepted. Islamic criminal law strictly regulates adultery and qadzaf with high evidentiary requirements and severe sanctions. This type of research is a qualitative literature study and uses a descriptive analysis method, namely by analyzing various sources and relevant data. The existence of this prohibition of adultery and qadzaf aims to prevent harm, maintain honor, and uphold the benefit (maqashid sharia).    

Ayu Nopitasari; Anjar Sri Ciptorukmi Nugraheni

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to find out and analyze the implementation of fulfilling the requirements for polygamy in order to obtain permission from the Surakarta Religious Court. Apart from that, it is also to find out and analyze forms of protection for wives' rights in cases of applications for polygamy permits. This research is empirical legal research with a qualitative approach. The types of data used are primary data and secondary data. The techniques used in collecting legal materials in this research were interviews and literature study. The data analysis technique used in this legal research is a qualitative data analysis technique with an interactive analysis model. Based on this research, the results obtained show that the implementation of polygamy requirements is in accordance with Article 4 paragraph (2) and Article 5 paragraph (1) of Law Number 1 of 1974 concerning Marriage, PP Number 9 of 1975 concerning Implementation of Law Number 1 of 1974 concerning Marriage, and the Compilation of Islamic Law (KHI). If the alternative and cumulative requirements are met, accompanied by perfect evidence, the panel of judges will grant the Petitioner's request for a polygamy permit. The form of protection of the wife's rights in the case of a polygamy permit application at the Surakarta Religious Court is that first, the polygamy permit application case is contentious by placing the wife as the respondent, so the wife has the right and opportunity to respond and submit answers, duplicates and conclusions in front of the court regarding the permit application. polygamy proposed by the husband. Second, there must be a request for determination of joint assets. Determining joint assets is very important to provide certainty about the status of joint assets and at the same time protect the wife's property rights so that they do not get mixed up. Third, namely the marriage agreement, between husband and wife, they can enter into a marriage agreement to guarantee the protection of joint assets. Apart from that, this marriage agreement is not limited to financial or property matters, but also accommodates other issues that are important to be a

Muhammadong Muhammadong

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The purpose of this research is to find out a review of the compilation of Islamic law regarding interfaith marriages from a sharia perspective. The method used in this research is qualitative, with a comparative approach by conducting literature studies related to studies of theories relevant to the problem of interfaith marriages. In the view of Islamic law, marriage between different religions is strictly prohibited because it is contrary to the rules of Islamic law in maintaining the existence of religion. The goal of marriage is to create a sakinanh, mawaddah wa Rahmah household, but this goal is very difficult to realize if the marriage is built on the basis of different religions. Based on Marriage Law Number 1 of 1974 which is implemented in the compilation of Islamic law, it states that it does not accommodate interfaith marriages to strengthen the arguments put forward in the Koran.

Siti Nurul Latifah; Yuwan Fijar Anugrah; Tajul Muttaqien

Intellektika : Jurnal Ilmiah Mahasiswa 2024 STIKes Ibnu Sina Ajibarang

The aim of carrying out this outreach activity is to increase the legal knowledge and awareness of the Wanawali village community regarding the urgency of registering marriages to obtain a marriage certificate. This activity was carried out because there are a set of problems currently being faced, especially regarding the lack of public awareness regarding registering marriages. This condition is a systemic impact of the general public's low level of understanding in Wanawali Village, Cibatu District, Purwakarta Regency regarding the regulations governing marriage and their lack of awareness regarding the importance of registering marriages in order to obtain a marriage certificate. The method used in this activity is Participatory Action Research (PAR). As an effort to obtain a marriage certificate at the Religious Affairs Office (KUA), the applicant submits a marriage isbat application to the Religious Court by attaching several requirements. The requirements that must be met for submitting a marriage Itsbat application are listed in the Compilation of Islamic Law Article 7 paragraphs (1), (2), (3) and (4). The determination of Itsbat Nikah will be granted by the religious court judge if these conditions are met. By granting the application for a Marriage Certificate, a marriage that has been solemnized according to religious law can be requested to be registered with the Marriage Registrar (VAT) Officer at the sub-district KUA covering the area, bringing a copy of the decision to issue a Marriage Certificate Excerpt. and The results of the activity show that after being given socialization, the participants have clear and complete knowledge regarding: (1) knowledge about Civil Law, especially Marriage Law which is related to procedures for registering marriages, (2) knowledge about the impact and consequences of having a marriage registration.

Nilpa Safitri Daulay

Jurnal Budi Pekerti Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This research aims to determine defects in marriage from an Islamic legal perspective. And to understand the concept of marriage fasakh due to a flawed Islamic legal perspective. This research was carried out using library research and paying attention to the field (Field Research). The results of the research show that defects in marriage from an Islamic legal perspective are physical and spiritual defects that cannot be removed or can be removed but only in a long time. Among the diseases specific to men: (1) Jabb/castration, namely cutting off the genitals (penis) and both testicles. (2) Unnah/impotence. (3) Khusha', namely cutting, finding or removing both testicles, without cutting the penis. And defects specifically for women are (1) Ratq, namely blockage of the vaginal canal, (2) Qarn, namely the presence of something that protrudes and blocks the vaginal canal. (3) 'afal, namely the appearance of foam in the vagina. (4) Ifdha, namely the mixing of the sexual canal with the urinary tract, or the mixing of the sexual canal with the anal canal. (5) Istihadhah. The defects that exist in men and women are (1) madness, (2) Leprosy (juzam). (3) Leprosy (baras), (4) Bakhar disease (foul-smelling mouth) and Sunan (foul-smelling sweat. And Imam Ahmad made transvestism a defect which causes marriage fasakh. The concept of marriage fasakh is caused by a defect in the perspective of Islamic law, which is to sever ties of relationship. between husband and wife. This occurs because the conditions are not fulfilled when the marriage contract takes place. In the Hanafi and Maliki schools of thought, this divorce is categorized as thalak ba'in and cannot be reconciled, and according to the Syafi'i and Hanbali schools it is stated that separation between the husband and a wife who is caused by an illness or defect is called fasakh, not thalak (divorce carried out by the husband). And if the defect is known before marrying her, he may divorce her and he is not obliged to pay the dowry.

Fisterina Wardani; Achmad Denny Maulana; Kinanti Citra Prasasti; Dinar Kristina Kusumawati; Amelia Dwi Callista +1 more

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research is entitled "Effectiveness of the Role of Religious Courts in the Implementation of Marriage Age Limits as an Effort to Reduce the Rate of Early Marriage (Study at the Sukoharjo Religious Court in 2024)" which is based on a phenomenon in society related to the rise of teenagers having relationships like husband and wife. to pregnancy out of wedlock at an age that has not yet reached the minimum age limit for marriage. Islamic law does not provide clear boundaries for marriage, it only determines the measure of a person's maturity when they reach puberty. Islamic jurisprudence scholars agree in determining taklif, namely when semen comes out for men and menstruation for women, which is different from Law Number 1 of the Year. 1974 provides a clear age limit for someone to get married, namely 19 years for men and 16 years for women. Marriage dispensation is a grant of the right to a person to marry even though they have not yet reached the minimum marriageable age. Marriage dispensation is regulated in Article 7 paragraph (2) of Law Number 16 of 2019, an amendment to Law Number 1 of 1974 concerning Marriage. Marriage dispensation is an exception to Article 7 paragraph (1), namely that the age limit for marriage for men and women has reached 19 (nineteen) years. This type of research is field research or field research which can also be called qualitative research. Therefore, the author conducted this research at the Sukoharjo Religious Court, regarding data sources the author chose primary data sources, namely data from the court and secondary data sources, namely from several books as references. The data collection techniques used are observation, documentation and archive methods. The approach method used in this research is normative juridical, namely research that begins deductively with an analysis of the articles in the statutory regulations that regulate the above problems. Juridically, this means research that refers to existing literature studies or secondary data used. Meanwhile, normative means legal research which aims to obtain normative knowledge about the relationship between one regulation and another and its application in practice. The method used is a descriptive method by means of document analysis. In other terms it is also called content analysis or information analysis which focuses its activities on document research, analyzing regulations and legal decisions.

Revaganesya Abdallah; Djanuardi Djanuardi; Betty Rubiati

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

Divorce has legal consequences for the relationship between husband and wife, property, and children resulting from the marriage. Especially for children from marriage, it gives parents the obligation to maintain and educate their children. However, specifically child maintenance after divorce according to Islamic Law and the Marriage Law is the obligation of a father to his child. Case Study Research on Salatiga District Court Decision Number 102/PDT.G/2021/PN. Slt. a child filed a lawsuit against his father for post-divorce maintenance, however, the lawsuit was rejected by the Panel of Judges of the Salatiga District Court. Therefore, this study aims to determine the responsibility for fulfilling the father's maintenance of a child after divorce and the legal remedies that a child can take when the right to post-divorce maintenance is not fulfilled by using the research method, namely, the normative juridical approach method and analytical description research specifications, namely to examine events as the object of research guided by primary legal materials, secondary legal materials, and tertiary legal materials. The data analysis method uses qualitative juridical which results in descriptive data analysis.

Restu Teguh Imani; Moh. Imam Mahmudin; Yuli Agung Nugroho; Lintang Zufar Satyanagama; Nur Rofiq

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2024 International Forum of Researchers and Lecturers

Religious Courts in Indonesia have unique, complex and interesting aspects, reflecting the diversity of religions and cultures in society. This uniqueness includes the legal basis, the role of religious courts in resolving religion-based conflicts, as well as the various challenges faced in ensuring justice. Religious Courts also present unique and interesting dynamics in the state justice system. The uniqueness of Religious Courts lies in the harmonization of religious law and national positive law, creating a unique and often complex legal framework. This article aims to describe and analyze the unique aspects of religious justice in Indonesia. With a deeper understanding of these challenges, efforts can be directed towards improving and developing the religious justice system so that it remains relevant and effective in handling legal conflicts related to religious aspects in Indonesian society. This research examines the implementation of unique aspects in the religious justice system in Indonesia. The religious justice system in Indonesia has unique characteristics that reflect various cultural, religious and social dimensions in a country with a diverse population. As a country with a majority Muslim population, religious courts play an important role in enforcing family and marriage laws based on Islamic law. This study underlines the importance of understanding the unique aspects of religious justice in Indonesia in the context of a legal state based on the supremacy of law. Ensuring a balance between local values, religion, and national positive law is a complex task, but essential to achieving justice in Indonesia’s rapidly evolving religious justice system.

Muhammad Yusril; Mhd Dayrobi; Hilal Haitami Harahap; Zainul Fuad

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Some people still think that everything contained in the books of fiqh is sacred and no one is competent to change it. In fact, the tendency that occurs is that it is very difficult for them to accept the changes that occur in society today. Various ideas for reforming Islamic law have also colored the dynamics of Islamic legal thought in Indonesia, which is essentially the response of Islamic legal thinkers to modernization and development. Thus, this journal will discuss Polarization, Dualism and the Dynamics of Islamic law in Indonesia. This research uses qualitative research with a literature data or literature study approach. The data collection method is by using literature (libraries) from the books Treatise on Marriage Law, National Marriage Law, and the Struggle for Islamic and Customary Law in Indonesia. The research results show that there are two currents of thought which then give rise to dualism and pluralism of sirri marriage law in Indonesia. First group. states that a marriage/marriage is actually valid if it fulfills the pillars and conditions as stipulated by religious teachings. However, the second group states that even though a marriage/marriage has been carried out in compliance with the pillars and requirements according to religious provisions, it is still considered invalid before the law as long as it has not been registered and authentic evidence of the marriage event has not been obtained.

Sudirwan Sudirwan

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Unregistered marriage (nikah sirri) is a phenomenon that has attracted the attention of many, both from the perspective of Islamic law and positive law in Indonesia. This study aims to critically examine nikah sirri, including its definition, legal basis, and the social impacts it causes. Using a qualitative approach, this research collects data from various sources, including legal literature, interviews, and case studies. The results show that although nikah sirri is recognized under Islamic law, its practice often conflicts with the state's legal protection and can have negative consequences, especially for women and children. The issue of nikah sirri is complex as it involves two different legal domains—religious law and state law. On the one hand, nikah sirri may be considered valid according to Islamic principles if it fulfills the requirements and pillars of marriage. On the other hand, since it is not recorded in the state’s administrative system, it raises several legal and social issues, particularly regarding the protection of women's and children's rights. Therefore, a well-structured problem formulation is needed to thoroughly explore the conflicts and gaps between Islamic law and positive law in addressing the practice of nikah sirri.

Muhamad Nur Rifaldi Rachman; Nirwan Junus; Julius T. Mandjo

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This research aims to find out what child custody rights are like after parents' divorce in the Gorontalo Religious Court and what the legal consequences are for child custody after parents' divorce. The method used in this research uses a normative type of research. This research uses a comparative approach (Comparative Approach) and a fact approach (The Factapproach). The results of this research found that divorce between husband and wife has a big impact, especially on child custody rights after parental divorce with an approach from the perspective of Islamic law and the Constitution. Law Number 1 of 1974 concerning Marriage. The Gorontalo Religious Court's decision regarding child custody is also a supporting factor, highlighting the best interests of the child as the main priority. Interviews with Gorontalo Religious Court Judges show that the court's adaptation to modern family dynamics and the involvement of children in the decision-making process is in the spotlight. In concrete cases, the research describes two decisions related to child custody, highlighting the importance of considering casuistry and the best interests of the child in making custody decisions. This research seeks to provide a holistic and sensitive picture of the complexity of child custody cases with a focus on child welfare as the main priority. Divorce between husband and wife raises responsibilities that must be maintained, especially regarding children's rights. In line with Law Number 23 of 2002 concerning Child Protection, parents have primary obligations, including caring for, nurturing, educating and protecting children. This thesis explains that after divorce, children become direct victims by being separated from their parents. Child care, especially the cost of the hadhanah, is the father's responsibility according to the Compilation of Islamic Law Article 156 letter d. However, if parents do not fulfill their obligations, child custody rights can be revoked at the request or coercion of the court