IMPLEMENTASI HUKUM ISLAM TERHADAP HAK ASUH ANAK PASCA PERCERAIAN ( Studi Kasus Desa Setiamekar Kecamatan Tambun Selatan )

Ilyasa, Aufariza (2025) IMPLEMENTASI HUKUM ISLAM TERHADAP HAK ASUH ANAK PASCA PERCERAIAN ( Studi Kasus Desa Setiamekar Kecamatan Tambun Selatan ). Sarjana (S1) thesis, Universitas Islam 45.

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Abstract

This study aims to analyze the implementation of Islamic law on the implementation of child custody (ḥaḍānah) after divorce in Setiamekar Village, Tambun Selatan District. The focus of the study is directed at the conformity of community practices with the provisions of Islamic law, specifically the Compilation of Islamic Law, Law Number 1 of 1974 concerning Marriage, and the principles of maqāṣid al-syarī‘ah. The specific objectives of this study are (1) to identify patterns of child custody settlement after divorce in Setiamekar Village; (2) to assess the extent to which children’s rights are legally and socially protected; and (3) to examine the factors that influence the effectiveness of the implementation of ḥaḍānah in the community. This research is a qualitative approach with a case study. Data were obtained through in-depth interviews with the parties experiencing divorce, community leaders, and local officials, as well as documentation and field observations. Data were analyzed descriptively and analytically to see the relationship between ongoing practices with the provisions of Islamic law and the principles of maqāṣid al-syarī‘ah. The results of the study indicate that the implementation of child custody after divorce in Setiamekar Village is generally still carried out amicably without official determination from the religious court. As a result, children's rights in the areas of livelihood, education, religious guidance, and psychological protection are often not optimally fulfilled. In some cases, parents who receive custody are negligent in carrying out their obligations, resulting in children experiencing uncertainty and negative psychological and social impacts. The implementation of Islamic law in this case is not fully aligned with the principles of maqāṣid al-syarī‘ah, especially in the aspects of maintaining religion (ḥifẓ al-dīn), protecting the soul (ḥifẓ al-nafs), maintaining the mind (ḥifẓ al-‘aql), protecting offspring (ḥifẓ al-nasl), and maintaining property/living (ḥifẓ al-māl). This study emphasizes the need to strengthen the role of religious courts, village officials, and community leaders in socializing, assisting, and supervising the implementation of child custody rights so that it is in accordance with Islamic law and better protects the interests of children as the most vulnerable parties.

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