Hak Hadhanah Dalam Putusan Pengadilan Agama

Abstract

The purpose of the research is to reveal the rights of custody of children that have not been mumajiz if there is a divorce seen from the requirements set by the ulama in Islamic law or the benefit of the child. Today's condition often happens to mothers or apostates who cause divorce, or the condition of mothers who have divorced their husbands as career women. Does it have implications for hadhanah rights for mothers or fathers? The normative qualitative approach was applied in this study. The results of the discussion of the four cases decided by the Religious Court which became the object of research gave foster rights (hadhanah) to fathers because fathers have competence in child care, such as having good moral, having competence in the science of education and social competence that is responsible and prioritizes the benefit of children from to determine the rights of mothers as child care. In this condition the father fulfills the requirements of the hadhin compared to the mother.

Penyelesaian Hadhānah Pasca Perceraian dalam Putusan Hakim Pengadilan Tinggi Agama Nomor:005/Pdt.G/2018/pta.Plg

“…6 Hal tersebut dikarenakan hakim lebih mementingkan kemaslahatan bagi si anak. 7 Seorang hakim harus lebih berhati-hati dalam memutuskan perkara hadhanah. Hakim tidak hanya berpedoman pada peraturan yang bersifat formal saja, namun hakim juga harus memperhatikan prinsip sosial, prinsip agama, nilai hukum, lingkungan keluarga dan lain sebagainya demi masa depan bagi si anak.…”

Local Examination in Child Custody Disputes: Judges’ Efforts to Find the Best Interests of the Child

“…In a such dispute, the primary issue and what must be proven before the trial is whether or not the mother is eligible to care for and educate the child, as pursuant to the provisions of Article 105 of the Compilation of Islamic Law, it has been determined that children who are yet to be considered mumayyiz are in the care of their mothers (Islami & Sahara, 2019). The judicial procedure for child custody disputes in Indonesia shows varied forms of examination, especially for ongoing cases and those that have been decided on contradictions (Martati, 2018). In the evidentiary, there are cases in which local examinations were applied and there are some others in which they did not Studies on the issue of child custody have been carried out by a number of previous researchers from various perspectives.…”

Indonesian Religious Court Decisions on Child Custody Cases: Between Positivism and Progressive Legal Thought

“…(Islami & Sahara, 2019) stated that the granting of child custody to the father needs to be considered several aspects, such the interests of the child and the mother's behavior based on legal consideration and the requirements for child custody. (A et al, 2016) emphasized that the determination of child custody is basically flexible, not fixated on the provisions of the law which only decides child custody rights to the mother but also to the father, as in the case studied by (Amalia et al, 2018;Elimartati & Firdaus, 2018;Ivana & Cahyaningsih, 2020;Mansari et al, 2018) regarding the granting of custody of the child to the father. It is supported by (Maswandi, 2017) which argued that the judge must really consider the guarantees for a better social life and child welfare.…”