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All Journal Al-'Adalah Al-Ihkam: Jurnal Hukum dan Pranata Sosial SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Jurnal Ilmiah Al-Syir'ah Potret Pemikiran Al-Mujtahid: Journal of Islamic Family Law Indonesian Journal of Shariah and Justice Al-Istinbath: Jurnal Hukum Islam Antmind Review: Journal of Sharia and Legal Ethics
Bilalu, Naskur
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Religion Arts Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Navigating Custody: The Impact of Religious Court Judges on Interfaith Family Dynamics Mursyid, Salma; Bilalu, Naskur; Subeitan, Syahrul Mubarak
Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v4i1.3039

Abstract

This study examines the critical role of Religious Court judges in deciding child custody in families with parents of different religions in Indonesia. Religious Court judges face unique challenges in balancing Islamic legal principles with children's best interests in a complex and diverse social context. This study aims to identify factors that affect judges' decisions, including legal foundations, moral considerations, and social impacts. Using a qualitative approach, data were obtained through in-depth interviews with judges, case analysis, and literature reviews. The study results show that judges consider not only formal law but also social values and the interests of children. Factors such as the child's psychological condition, emotional stability, and a healthy growth and development environment are the primary considerations in decision-making. In addition, the study found that the diversity of interpretations of Islamic law among judges influenced their final decisions. This study found that Religious Court judges consider not only formal law but also social values and the best interests of children in making decisions on child custody in families of different religions. In addition, the diversity of interpretations of Islamic law among judges also influences the final decision, with factors such as the child's psychological condition and emotional stability being the primary considerations.
Co-Authors Bukido, Rosdalina Gómez, José Manuel Naranjo harun, nurlaila Jamal, Ridwan Kartoredjo, Ireniza Lamaluta, Fani Makka, Misbahul Munir Mamonto, Feraningsih Muhammad Saleh Muhammad, Adamu Abubakar Mursyid, Salma Nasruddin Yusuf, Nasruddin Nurlaila Isima Purwadi, Wira Salma Salma Sarib, Suprijati Subeitan, Syahrul Mubarak Tumiwa, Anisa Jihan Usup, Djamila Widiatmoko, Kukuh Zakariah, Asril Amirul