Indonesian Journal of Shariah and Justice
Vol. 5 No. 2 (2025)

RESACRALIZATION OF CHILD CUSTODY AFTER DIVORCE IN ISLAMIC FAMILY LAW: BETWEEN THE PRINCIPLE OF MAṢLAḤAH AND THE CO-PARENTING TREND

Suharto, Mukhamad (Unknown)
Abdul Syakur Munawar, Kukun (Unknown)
Vitalia, Filda (Unknown)
Ilham, Muhammad Sadiq (Unknown)



Article Info

Publish Date
31 Dec 2025

Abstract

This article examines the resacralization of child custody (ḥaḍānah) in Islamic family law post-divorce, employing the principle of maṣlaḥah and the emerging global trend of co-parenting as complementary frameworks for reconstructing parental relations beyond marital dissolution. Classical Islamic jurisprudence tends to determine custody based on rigid biological and procedural norms, whereas contemporary social contexts increasingly acknowledge a child’s psychosocial and spiritual need for the presence of both parents. This study aims to explore how maṣlaḥah can serve as a normative basis to reformulate custody law in a child-centered and context-responsive manner, and to assess the potential incorporation of co-parenting within the Islamic legal system in Indonesia. Using a qualitative normative approach and analyses of religious court decisions, the findings suggest that restoring the sacred dimension of post-divorce parenting promotes not only spiritual values, but also expands justice for children. This research contributes to the development of progressive Islamic family law that prioritizes child welfare within both religious and legal paradigms.

Copyrights © 2025






Journal Info

Abbrev

ijsj

Publisher

Subject

Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The Indonesian Journal of Shariah and Justice (IJSJ) welcomes strong evidence-based empirical studies and results-focused case studies that share research in product development and clarify best practices. The journal is the only title aiming to give an interdisciplinary and holistic view on Shariah ...