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All Journal Nusantara: Journal Of Law Studies Mawaddah: Jurnal Hukum Keluarga Islam
Restia Gustiana
Universitas Pamulang, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice

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Judicial Reasoning in Child Guardianship: Gender Justice and Maqāṣid Al-Sharī'ah in Indonesian Religious Courts Martius Martius; Musyaffa Amin Ash Shabah; Azhar Muhamad Akbar; E-bat Che-umong; Restia Gustiana
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 2 (2025): November
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i2.103

Abstract

Child guardianship (ḥaḍānah) in Islamic family law represents a critical mechanism for child protection during family dissolution, yet existing scholarship remains predominantly normative and fragmented, lacking longitudinal socio-legal analysis of judicial reasoning that integrates child protection and gender justice within Islamic legal frameworks. This study aims to analyze the transformation of child guardianship adjudication in Indonesian Religious Courts (Pengadilan Agama) during 2020–2025, focusing on judicial reasoning patterns, child welfare orientations, and the positioning of women's rights. Employing a normative-empirical (socio-legal) approach, this study analyzed 120 guardianship decisions retrieved from the Supreme Court Verdict Directory through qualitative content analysis and systematic coding, integrating three analytical frameworks: the best interest of the child, maqāṣid al-sharī'ah, and gender justice theory. The findings reveal a significant shift from textualist-normative reasoning toward discretionary, welfare-oriented adjudication, with judges increasingly prioritizing emotional stability, caregiving continuity, and socioeconomic conditions. A pronounced maternal preference pattern was identified, reflecting caregiving realities while simultaneously indicating latent gender bias. Women's rights were found to be implicitly integrated yet structurally subordinated within the best interest framework rather than recognized as autonomous legal principles. The COVID-19 pandemic additionally functioned as a structural catalyst accelerating guardianship litigation. This study contributes a longitudinal socio-legal framework that bridges maqāṣid al-sharī'ah with contemporary human rights discourse, while critically exposing the risks of unchecked judicial subjectivity. These findings underscore the urgent need for verdict standardization, explicit gender justice integration, and systematic reform of Islamic family law in Indonesia.
Reforming Islamic Family Justice: Integrating Legal and Psychological Perspectives in Handling Polygamy and Divorce Cases in Indonesia Farida Nurun Nazah; Wirda Garizahaq; Dwi Nur Fauziah Ahmad; Restia Gustiana; Hashim Balas
Nusantara: Journal of Law Studies Vol. 5 No. 2 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i2.290

Abstract

This research examines the application of legal and psychological integration in polygamy and divorce cases at the Tigaraksa Religious Court, Indonesia. The focus of this study is to assess the extent to which the psychological considerations of the parties (wives and children) are accommodated in the case examination process and the judges' decisions. This study uses a socio-legal approach with data derived from an analysis of annotations of polygamy and divorce case rulings (2022–2024), interviews with judges and mediators, and documentation of laws and regulations. The analysis was conducted thematically to identify patterns of normative and psychological considerations. The results show that the case resolution process is still dominated by a legalistic normative approach, with the use of psychological aspects not yet institutionalized systematically. The psychological perspective is limited to the mediation stage and is not an integral part of judicial considerations in decisions. Consequently, the psychosocial welfare dimension of the family is often not a primary consideration. The novelty of this research lies in the formulation of a problem-solving, justice-based psychological law integration model in the context of the Religious Court by encouraging the application of structured psychological assessments as an instrument for judges' consideration in polygamy and divorce cases. The main contribution of this research is to provide a conceptual framework and practical recommendations for family court reform in Indonesia, particularly to improve the quality of case examination, ensure the protection of women and children, and realize substantive justice oriented towards the welfare of the family.
Co-Authors Amin Ash Shabah, Musyaffa Azhar Muhamad Akbar Dwi Nur Fauziah Ahmad E-bat Che-umong Farida Nurun Nazah Hashim Balas Martius Martius Wirda Garizahaq