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All Journal Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues
Istingadah Istingadah
Universitas Al-Hikmah Indonesia
Law, Crime, Criminology & Criminal Justice

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FATHERS IN HAḌANAH AND GUARDIANSHIP WITHIN THE FRAMEWORK OF THE COMPILATION OF ISLAMIC LAW: A CASE STUDY OF JATISARI VILLAGE TUBAN Istingadah Istingadah; Fathonah K. Daud
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 6 No 1 (2026): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v6i1.1431

Abstract

This study examines the legal responsibilities of single fathers in child custody and guardianship rights based on Articels 105 and 107 of the Compilation of Islamic Law (KHI) from research conducted in Jatisari Village, Senori District, Tuban. The increasing number of single fathers due to the death of spouses and the shifting family structure in rural communities form an important background for this study, particularly as limited research addresses fathers readiness to independently undertake caregiving roles. The method used is field research with direct data collection from the location to explore the real conditions og single fathers. Although legally the mother is the primary caregiver, children are cared for by the father after the mother’s death, so that the existing patriarchal culture places and factors of father’s unpreparedness present new challenges. The findings show a misalignment between legal norms and social conditions, so that it is necessary to strengthen the capacity of single fathers so that their responsibilities are not only legal but also socially and emotionally effective. This study also emphasizes the importance of social support and parenting education based on Islamic values to strengthen the role of fathers in fulfilling children’s needs holistically.
Co-Authors Fathonah K. Daud