Bilancia : Jurnal Studi Ilmu Syariah dan Hukum
Vol. 19 No. 2 (2025): Bilancia: Jurnal Studi Ilmu Syariah dan Hukum

Judicial Considerations on Children's Rights Fulfillment in Divorce Rulings: A Study at Makassar Class 1A Religious Court

Karmawati, Karmawati (Unknown)
Kurniati, Kurniati (Unknown)
Asni, Asni (Unknown)
Syafii, Ahmad (Unknown)



Article Info

Publish Date
31 Dec 2025

Abstract

The rising divorce rate in Makassar City has significantly impacted children's psychological well-being and educational rights. This study aims to analyze the judicial considerations of judges at the Makassar Class 1A Religious Court regarding the fulfillment of children's rights in divorce rulings, viewed through the perspective of Maqasid al-Syari'ah. This research employs a qualitative method with a field study design, utilizing data from verdict analysis and interviews with judges. The findings indicate that judges prioritize the child's primary interests (maslahat primer), covering the protection of life (hifz al-nafs) and intellect (hifz al-’aql). Judges implement progressive policies, such as mandating an annual percentage increase in child support (e.g., 10%) to combat inflation and determining custody based on the parent's moral and educational assurance rather than strict age limits. However, the effectiveness of these rulings is hindered by the Indonesian Civil Procedure Law, which lacks an automatic monitoring mechanism, often rendering child support rulings as "non-executable paper judgments". This study concludes that legal reform adopting effective forced execution principles is necessary to guarantee children's constitutional rights.

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Journal Info

Abbrev

blc

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Bilancia is an academic peer-reviewed journal that publishes the current articles and results of research of scholars and students who are deeply concerned with Shariah and Law issues. Bilancia is regularly published twice a year (June and December). The study focuses on the latest discourse in ...