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All Journal Transparansi Jurnal Ilmiah Ilmu Administrasi AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM JURIS (Jurnal Ilmiah Syariah) Jurnal Integrasi Ilmu Syariah (Jisrah) Al Ushuliy Politik Islam Jurnal El-Thawalib
Dian Pertiwi
Fakultas Syariah IAIN Batusangkar
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Child Custody (Hadhanah) in Islamic Family Law in Minangkabau Society Dian Pertiwi; Firdaus Firdaus
Jurnal El-Thawalib Vol 7, No 1 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i1.18929

Abstract

Childcare in Islamic family law in Minangkabau is interesting to study because it lies at the intersection of sharia and matrilineal customs, thereby strengthening the role of the maternal line. This dynamic becomes increasingly complex, especially in the context of divorce, so it is important to analyze how harmonization between Islamic law and customs is implemented in practice. This study aims to determine the concept of childcare (hadanah) in Minangkabau society, whether it is a manifestation of maternal nature alone or is more influenced by the social environment and local customs. This study is a field research study with a qualitative approach, which aims to describe and analyze the empirical reality of post-divorce childcare within a matrilineal kinship system. Primary data were obtained from 25 divorced married couples: mothers, a grandmother, a traditional head (penghulu or KAN), seven datuak (customary leaders), religious figures (ulama or cadiak pandai), community leaders who are considered experts and familiar with the problems in this study, and secondary data from books, articles, and documents deemed necessary. Data was obtained from observation, interviews and documentation and then analyzed using descriptive analytical techniques. These findings demonstrate maternal dominance in parenting, where mothers are not only responsible for the education and care of children but also serve as the primary breadwinners. This situation potentially puts children at risk of losing their right to attention and support from their fathers. Matrilineal kinship in Minangkabau also contributes to low paternal involvement, including the fact that children live with their mothers, the shame of visiting their ex-wife's home, and inherent traditional perceptions. Thus, the practice of hadanah in Minangkabau is more strongly influenced by local customs and traditions.
Konsistensi Tinjaun Pasal 82 Undang-Undang Nomor 6 Tahun 2014 Tentang Chek And Balance Perspektif Siyasah Dusturiyah (Studi Kasus Pada Nagari Situmbuk, Kecamatan Salimpaung, Kabupaten Tanah Datar) Rahmat Afandi; Dian Pertiwi
Politik Islam Vol. 2 No. 1 (2023)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/pi.v2i1.9370

Abstract

This study examines the Review of Article 82 of Law Number 6 of 2014 concerning Check and Balance from the Siyasah Dusturiyah Perspective (Case Study in Nagari Situmbuk, Salimpaung District, Tanah Datar District). The problems are (1) To find out and explain that the Situmbuk Nagari Government has carried out functions and supervision (check and balance) based on Article 82 of Law Number 6 of 2014. (2) To find out and explain Siyasa Dusturiyah's views on the implementation of Article 82 of Law Number 6 of 2014 by the Nagari Situmbuk Government. From these problems the question arises (1) Has the Nagari Situmbuk Government carried out its functions and controls (check and balance) based on Article 82 of Law Number 6 of 2014. (2) What is Siyasah Dusturiyah's view of the implementation of Article 82 of Law Number 6 of 2014 by the Nagari Situmbuk Government. This research is a field research. Data was obtained through interviews with Wali Nagari, Jorong Heads, and community leaders. After the data is collected and processed by collecting data and analyzed by examining the data obtained from related information and literature. Collecting data sources, classifying data and compiling data based on categories in research. Interpretation of the data, namely after the data has been collected and classified, then describes the data in appropriate words. After the data is arranged and classified, then draw conclusions to get conclusions to answer the problems that have been examined. This research found that the results of the Situmbuk Nagari Government had not fully carried out its functions and supervision (check and balance) in accordance with what was mandated in Article 82 of Law Number 6 of 2014, based on the results of interviews and research conducted by the author, there were differences in perception between the Wali Nagari and Community leaders in this case were represented by Ninik Mamak, Cadiak Pandai, Alim Ulama, Bundo Kanduang.
Co-Authors Alfi Husni Amrina Rasyada Bustamin Bustamin Dodon Alfiander Dola Dinia Putri Emrizal Emrizal Firdaus Firdaus Fitri, Hidayati Hesti Julianti Saputri Jamal Mirdad Maizi Fahdela Agustin Muhammad Hizby Islami Nofrianti, Mami Ocha Juliennelzky Rahmat Afandi Randa Irawan Saputra Resti Khairunnisa Fitri Saadatul Maghfira Sulastri Caniago Yani Trisna