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All Journal Custodia: Journal of Legal, Political, and Humanistic Inquiry Jurnal Begawan Hukum
Rafli Ramdan
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Law, Crime, Criminology & Criminal Justice

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Rekonstruksi Hak Hadhanah dalam Hukum Keluarga Islam: Analisis Yuridis Pemberian Hak Asuh Anak kepada Ayah Pasca Perceraian Adila Syaidatun Nisa; Fitria Adzuhri Mahyudin; Tufatul Kholisoh; Muhammad Hapipi Roif; Rafli Ramdan; Ahmad Fahrul Fauji
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 3 (2026): March: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/4bbczr85

Abstract

Divorce not only ends a marriage, but also has serious implications for the fulfillment of children's rights and welfare, particularly in terms of custody (hadhanah). Children are the most vulnerable to psychological, emotional, and social impacts resulting from parental conflict after divorce. In Islamic family law, custody rights for children who have not reached the age of discernment are, in principle, given to the mother as stipulated in Articles 105 and 156 of the Compilation of Islamic Law. However, in judicial practice, these custody rights can be transferred to the father if the mother is deemed incapable of ensuring the safety, welfare, and development of the child. This study aims to analyze the provisions of child custody in Islamic family law, identify the factors behind the granting of custody to the father, and examine the legal considerations in the determination. The research method uses a qualitative approach with normative legal techniques through a literature study of Islamic legal sources, laws and regulations, and academic literature. The results of the study show that granting custody to the father is legally justified if it better ensures the welfare and best interests of the child, which is the main principle in Islamic family law after divorce.
Hukum Perkawinan dalam Masyarakat Hukum Adat Indonesia Hasna Zahra Wahyuni; Rafli Ramdan; Husnaini Amiroh; Humaeroh Humaeroh
Jurnal Begawan Hukum (JBH) Vol. 4 No. 1 (2026): April:Jurnal Begawan Hukum (JBH)
Publisher : Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/jbh.v4i1.162

Abstract

This article examines marriage law within Indonesian customary law communities and its interaction with national legal regulations. In customary societies, marriage is not merely a personal bond between a man and a woman, but a social institution involving extended families and the wider community. The study aims to describe the various forms of customary marriage, the requirements for its validity, and the procedures for legalization, including the recognition of marriages among adherents of indigenous belief systems. This research employs a normative juridical approach using statutory and conceptual analysis based on relevant legal provisions and customary practices. The findings show that customary marriage systems in Indonesia are strongly influenced by kinship structures such as patrilineal, matrilineal, and parental systems, resulting in diverse forms including bridewealth marriage, semenda marriage, independent marriage, mixed marriage, and elopement. The validity of marriage in customary law is closely connected to religious or belief-based rituals and community acknowledgment. Furthermore, developments in national law, particularly Law Number 1 of 1974 on Marriage and Constitutional Court Decision Number 97/PUU-XIV/2016, have strengthened legal recognition for followers of indigenous beliefs in marriage registration. The study concludes that customary marriage law remains relevant and continues to coexist with national law, reflecting Indonesia’s legal pluralism and cultural diversity.
Co-Authors Adila Syaidatun Nisa Ahmad Fahrul Fauji Fitria Adzuhri Mahyudin Hasna Zahra Wahyuni Humaeroh Humaeroh Husnaini Amiroh Muhammad Hapipi Roif Tufatul Kholisoh