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All Journal Al Ushuliy Al Muhkam: Journal of Islamic Law and Jurisprudence
siadio, sidiq
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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A COMPARATIVE STUDY OF THE VERDICTS OF THE BUKITTINGGI RELIGIOUS COURT AND THE PADANG HIGH RELIGIOUS COURT ON CHILD CUSTODY FROM THE MASHLAHAH PERSPECTIVE siadio, sidiq; Nofiardi, Nofiardi
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 3, No 2 (2024)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v3i2.13210

Abstract

Child custody disputes are common in Indonesia, particularly among public figures such as Virgoun and Inara, as well as Larissa Chou and Alvin Faiz. Economic instability, exacerbated by the Covid-19 pandemic, has significantly impacted mothers' ability to care for their children. In Minangkabau, the matrilineal system typically grants custody to the mother, as reflected in the PTA Padang decision, which contrasts with the ruling from PA Bukittinggi. Islamic law generally grants the mother the right to child maintenance after divorce until the child reaches the age of tamyiz. This study examines the child custody decisions of PA Bukittinggi and PTA Padang through the lens of mashlahah, assessing which ruling best serves the child's welfare. Using normative legal research methodology, the study analyzes primary data from PTA Padang Decision No. 62/Pdt.G/2022/PTA.Pdg, PA Bukittinggi Decision No. 621/Pdt.G/2022/PA.Bkt, and interviews with judges. The findings reveal significant differences in the legal reasoning and interpretation of the child’s best interests between the two courts.
Fenomena Baganyi bagi Masyarakat Minangkabau Kontemporer: Studi Gender di Nagari Panampuang, Sumatera Barat Siadio, Sidiq; Sahmat, Muhd Syahazizamir
Al Muhkam: Journal of Islamic Law and Jurisprudence Vol. 1 No. 2 (2025): Al Muhkam: Journal of Islamic Law and Jurisprudence
Publisher : KIPS Institute Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65980/almuhkam.v1i2.38

Abstract

This article examined the practice of baganyi in Minangkabau society, particularly in Nagari Panampuang Ampek Angkek District, which referred to the act of a husband leaving his wife’s residence without clear legal or marital resolution. The study aimed to analyze the social and customary meanings of baganyi, its impact on women’s rights, and efforts to integrate customary law with Islamic law in addressing this practice. The study employed a descriptive qualitative approach. Data were collected through in-depth interviews and documentation involving perpetrators of baganyi, abandoned wives, customary leaders, and community figures. The findings indicated that baganyi was interpreted as a customary mechanism for resolving domestic conflicts. However, this practice often neglected principles of gender justice and failed to provide adequate legal protection for women. Conflict resolution that relied excessively on customary mechanisms without synergy with Islamic law and formal legal institutions tended to perpetuate structural inequalities against women. The study implied the need for an integrative approach that combined customary values, sharia principles, and formal legal protections in order to establish a system of domestic conflict resolution that was just, humane, and civilized.
Co-Authors Nofiardi, Nofiardi Sahmat, Muhd Syahazizamir