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All Journal Jurnal El-Thawalib Jurnal El-Thawalib
Kroniko, Hendri
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Religion Law, Crime, Criminology & Criminal Justice

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Reconstruction of Child Custody Rights After Divorce Based on Maqāṣid Al-Syarī‘Ah and the Best Interest of the Child Kroniko, Hendri; A, Efizal; Mustafa, Ali
Jurnal El-Thawalib Vol 7, No 1 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i1.18975

Abstract

Divorce has a significant impact on the fulfillment of children's rights and well-being, while custody decisions are often normative and do not take into account the child's best interests. Therefore, this study aims to reconstruct the concept of post-divorce child custody by integrating the maqāṣid al-syarī‘ah and the principle of the best interest of the child. The research method employed is a qualitative normative approach with a maqasid sharia perspective, based on a literature study. Primary data sources include classical fiqh books and contemporary Islamic legal literature that discuss hadith. Secondary data sources include scientific books, national and international journal articles, previous research results, and laws and regulations related to child custody after divorce, such as the Compilation of Islamic Law (KHI) and the Indonesian Marriage Law. Data were collected through documentation and analyzed using descriptive analytical techniques. Post-divorce child custody reconstruction needs to be built on the integration of the maqāṣid al-syarī‘ah (the principles of Islamic law) and the principle of the best interest of the child as the primary basis for determining custody. This approach prioritizes the child's well-being, taking into account religious, psychological, emotional, educational, and social aspects. Thus, custody determination is not merely normative, but contextual and equitable. This is expected to result in more humane decisions oriented toward the child's protection and future.
Reconstruction of Child Custody Rights After Divorce Based on Maqāṣid Al-Syarī‘Ah and the Best Interest of the Child Kroniko, Hendri; A, Efizal; Mustafa, Ali
Jurnal El-Thawalib Vol 7, No 1 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i1.18975

Abstract

Divorce has a significant impact on the fulfillment of children's rights and well-being, while custody decisions are often normative and do not take into account the child's best interests. Therefore, this study aims to reconstruct the concept of post-divorce child custody by integrating the maqāṣid al-syarī‘ah and the principle of the best interest of the child. The research method employed is a qualitative normative approach with a maqasid sharia perspective, based on a literature study. Primary data sources include classical fiqh books and contemporary Islamic legal literature that discuss hadith. Secondary data sources include scientific books, national and international journal articles, previous research results, and laws and regulations related to child custody after divorce, such as the Compilation of Islamic Law (KHI) and the Indonesian Marriage Law. Data were collected through documentation and analyzed using descriptive analytical techniques. Post-divorce child custody reconstruction needs to be built on the integration of the maqāṣid al-syarī‘ah (the principles of Islamic law) and the principle of the best interest of the child as the primary basis for determining custody. This approach prioritizes the child's well-being, taking into account religious, psychological, emotional, educational, and social aspects. Thus, custody determination is not merely normative, but contextual and equitable. This is expected to result in more humane decisions oriented toward the child's protection and future.
Co-Authors A, Efizal Mustafa, Ali