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All Journal Estudiante Law Journal
Syahrial Nugraha Rahman
Faculty of Law, State University of Gorontalo
Law, Crime, Criminology & Criminal Justice

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Analysis of Decisions Granting Child Custody to the Biological Father Syahrial Nugraha Rahman
Estudiante Law Journal VOL. 8 NO. 1 FEBRUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v8i1.20712

Abstract

Article 105 of the Compilation of Islamic Law provides that custody of a child who is not yet mumayyiz belongs to the mother, yet in Decision Number 470/Pdt.G/2022/PA.Gtlo the Gorontalo Religious Court awarded custody to the biological father. This article examines the legal basis on which child custody is determined and the considerations that led the court to depart from Article 105. The study uses normative legal research drawing on statutory provisions, the court decision and secondary legal materials, supported by information from the court registrar. It finds that the mother’s priority in hadhanah is not absolute: where the mother is shown to be unfit, custody passes to the nearest relative who satisfies the requirements under Article 156 of the Compilation of Islamic Law, and a child who is mumayyiz may choose between the parents, subject to the chosen parent’s capacity to guarantee the child’s physical and spiritual welfare. Islamic law, the Compilation of Islamic Law, the Marriage Law and the Child Protection Law converge on the best interests of the child, which justified the court’s contra legem reasoning in this case.
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