USRAH: Jurnal Hukum Keluarga Islam
Vol. 7 No. 1 (2026): Januari

HAK ASUH ANAK BAGI IBU BEKERJA: ANALISIS MAQASID AL-SYARI’AH DAN HUKUM POSITIF INDONESIA

Azfa Rasyad (Unknown)
Riyan Ramdani (Unknown)
Ahmad Maula Hadi (Unknown)



Article Info

Publish Date
02 Jan 2026

Abstract

The determination of child custody for working mothers is a critical issue in Indonesian family law, particularly given the dual roles women assume in modern society. This study examines from a normative juridical perspective how the principles of Maqasid al-Shari’ah and positive law in Indonesia regulate and respond to the determination of child custody when the mother is employed. Employing a literature review and legal analysis of relevant legislation and case studies, the findings reveal that Maqasid al-Shari’ah emphasizes the best interests and protection of the child, while Indonesian positive law provides comprehensive legal frameworks. However, practical application requires balancing maternal caregiving responsibilities with economic roles. This research recommends responsive policies and supportive implementations to harmonize working mothers' rights with optimal child custody arrangements, ensuring children’s welfare in accordance with religious and state norms.

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Journal Info

Abbrev

USRAH

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

USRAH: Jurnal Hukum Keluarga Islam published by Al-Ahwal Research Centre of Departement of Islamic Family Law, STAI Muhammadiyah Probolinggo since 2019. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of ...