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All Journal Contemporary Issues on Interfaith Law and Society An-nisa: Journal of Islamic Family Law Contemporary Issues on Interfaith Law and Society
Muhsen, Jamaluddin Jamal
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Religion Law, Crime, Criminology & Criminal Justice Other

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Battle for Blood: Child Custody Conflicts in Divorce – Islamic vs. Customary Law Sarfitri, Destika Santi Putri; Damayanti, Ratih; Fidiyani, Rini; Winarsih, Winarsih; Qoiri, Mutmainah Nur; Muhsen, Jamaluddin Jamal
Contemporary Issues on Interfaith Law and Society Vol 3 No 2 (2024): July-December, 2024
Publisher : Faculty of Law, Universitas Negeri Semarang

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Abstract

Child custody disputes following divorce often become complex legal and emotional battles, especially when religious and customary laws intersect. In many Muslim-majority societies, Islamic law (Sharia) and customary law (adat) both influence custody decisions, sometimes complementing each other but often conflicting in practice. Islamic law prioritizes the child’s welfare while emphasizing maternal custody during early childhood (hadanah) and paternal guardianship (wilayah) in later years. However, customary law, deeply rooted in local traditions, can override or modify these principles based on community norms, family ties, and social status. This study explores the legal and cultural dimensions of child custody disputes in divorce cases, analyzing the extent to which Islamic law and customary law shape judicial decisions and parental rights. While Islamic law prescribes clear guidelines, its application varies across jurisdictions, influenced by local customs and judicial interpretations. In many cases, customary norms challenge Islamic legal principles, leading to inconsistencies and gendered biases that may disadvantage mothers or overlook the best interests of the child. As globalization and legal reforms push for greater adherence to human rights and child protection standards, the tension between religious and customary laws raises critical questions about the future of custody rulings. This paper examines landmark cases, legal frameworks, and the evolving role of Islamic and customary laws in shaping custody outcomes. By comparing these perspectives, it seeks to highlight the need for harmonized legal solutions that prioritize the child’s well-being while respecting cultural and religious traditions.
Battle for Blood: Child Custody Conflicts in Divorce – Islamic vs. Customary Law Sarfitri, Destika Santi Putri; Damayanti, Ratih; Fidiyani, Rini; Winarsih, Winarsih; Qoiri, Mutmainah Nur; Muhsen, Jamaluddin Jamal
Contemporary Issues on Interfaith Law and Society Vol. 3 No. 2 (2024): Law, Morality, and Identity in Muslim Societies: A Contemporary Legal Discourse
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v3i2.31406

Abstract

Child custody disputes following divorce often become complex legal and emotional battles, especially when religious and customary laws intersect. In many Muslim-majority societies, Islamic law (Sharia) and customary law (adat) both influence custody decisions, sometimes complementing each other but often conflicting in practice. Islamic law prioritizes the child’s welfare while emphasizing maternal custody during early childhood (hadanah) and paternal guardianship (wilayah) in later years. However, customary law, deeply rooted in local traditions, can override or modify these principles based on community norms, family ties, and social status. This study explores the legal and cultural dimensions of child custody disputes in divorce cases, analyzing the extent to which Islamic law and customary law shape judicial decisions and parental rights. While Islamic law prescribes clear guidelines, its application varies across jurisdictions, influenced by local customs and judicial interpretations. In many cases, customary norms challenge Islamic legal principles, leading to inconsistencies and gendered biases that may disadvantage mothers or overlook the best interests of the child. As globalization and legal reforms push for greater adherence to human rights and child protection standards, the tension between religious and customary laws raises critical questions about the future of custody rulings. This paper examines landmark cases, legal frameworks, and the evolving role of Islamic and customary laws in shaping custody outcomes. By comparing these perspectives, it seeks to highlight the need for harmonized legal solutions that prioritize the child’s well-being while respecting cultural and religious traditions.
The Concept of the Ideal Couple: Buya Hamka's Perspective in Islamic Marriage Law Ahmad, Chaidir Ali; Syarafuddin, Muhsan; Manbi Ushama, Kirama Nasim; Muhsen, Jamaluddin Jamal
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 4 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i4.366

Abstract

The choice of a life partner is a fundamental aspect in Islamic marriage law because it has a direct effect on the formation of a harmonious family. This study aims to analyze Buya Hamka's perspective on the criteria for ideal couples in Islamic marriage and its relevance to contemporary legal and social contexts. This research uses a qualitative approach through literature studies, with the main source in the form of Buya Hamka's works, including Tafsir al-Azhar, Great Pribadi, Living Institutions, and Modern Sufism. The results of the study show that Buya Hamka places faith and morals as the main foundation in choosing a partner, outperforming physical, economic, and social status considerations. In addition, Hamka emphasized the concept of kafā'ah which is not solely material, but includes the harmony of religious understanding, education, character, and vision of life. This view is in line with the purpose of marriage in Indonesia's positive law which emphasizes the formation of a happy, prosperous, and sustainable family. This research contributes by enriching the treasure of Islamic family law thought through the formulation of ideal couple criteria based on the integration of religious, social, and psychological values that are relevant to strengthening the resilience of Muslim families in the modern era.
Co-Authors Ahmad, Chaidir Ali Manbi Ushama, Kirama Nasim Qoiri, Mutmainah Nur Ratih Damayanti Rini Fidiyani Sarfitri, Destika Santi Putri Syarafuddin, Muhsan Winarsih Winarsih