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All Journal Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Noer Zaini Khalis
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Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Hak dan Tanggung Jawab Anak dalam Perdata Islam Noer Zaini Khalis; Faisar Ananda
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 3 No. 4 (2026): Juli: Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v3i4.1787

Abstract

Children are a trust from Allah SWT, occupying a significant role in familial and societal life. In Islamic civil law, children are considered legal entities with rights and obligations that need safeguarding and fulfillment. This research seeks to elucidate the rights of children under Islamic civil law, the obligations of children to their parents, and the legal frameworks governing children in the Compilation of Islamic Law and statutory law in Indonesia. The used study methodology is normative legal research, using both a statutory and a conceptual approach. The study's findings demonstrate that children possess the rights to lineage, nourishment, education, protection, and inheritance. Furthermore, children have the obligation to be dedicated, respectful, supportive, and to pray for their parents. The safeguarding of children's rights is governed by the Qur'an, hadith, the Compilation of Islamic Law, and the Child Protection Law. Consequently, the equilibrium between children's rights and obligations serves as a fundamental foundation for establishing a peaceful family in accordance with the norms of Islamic Sharia..
Dinamika Hak Asuh Anak di Negara Al- Jazair dan Indonesia: Analisis Perbandingan terhadap Regulasi dan Praktik Sosial Noer Zaini Khalis; Sukiati Sukiati; Iwan Iwan
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 3 No. 3 (2026): Juli : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v3i3.1772

Abstract

This study analyzes the dynamics of child custody (hadhanah) in Algeria and Indonesia through a comparative examination of legal regulations and social practices in both countries. This topic is important because post-divorce child custody is closely related to the protection of children’s rights, legal certainty, and the application of the principle of the best interests of the child. The study employs a normative legal research method with a comparative law approach. Data were collected through a literature review of legislation, Islamic legal literature, scholarly articles, and relevant legal documents. The findings indicate that both Indonesia and Algeria use Islamic law as a foundation in regulating hadhanah, although their legal constructions differ. In Indonesia, the Compilation of Islamic Law prioritizes custody rights for mothers for children who are not yet mumayyiz. In contrast, Algeria, which is strongly influenced by the Maliki school of thought, provides more detailed rules regarding the hierarchy of custodians and custody conditions. In practice, both countries face similar challenges, including custody disputes after divorce, considerations of child welfare, and changes in modern family structures. Nevertheless, the best interests of the child remain the primary principle in custody decisions. The study concludes that differences in hadhanah regulations are shaped by variations in Islamic jurisprudence, national legal systems, and social contexts, highlighting the need to strengthen child protection mechanisms.
Co-Authors Faisar Ananda Iwan Iwan Sukiati Sukiati