Nusantara: Journal Law and Islamic Law
Vol. 2 No. 1 (2026): Nusantara: Journal of Law and Islamic Law

Judicial Shift in Paternal Child Custody Based on The Best Interests Principle

Iyut Paputungan (State University of Gorontalo, Indonesia)
Fence M. Wantu (State University of Gorontalo, Indonesia)
Mohamad Taufiq Zulfikar Sarson (State University of Gorontalo, Indonesia)



Article Info

Publish Date
14 Jun 2026

Abstract

This article analyzes the judicial shift in granting child custody to fathers within Indonesian Islamic family law. Although hadhanah doctrine generally prioritizes mothers for children who have not reached mumayyiz age, Decision Number 2/Pdt.G/2025/PA.Tlm shows a different judicial construction. This normative legal research uses statutory and case approaches to examine the tension between maternal presumption under the Compilation of Islamic Law and the best interests of the child principle under Indonesian marriage and child protection laws. The study argues that paternal custody is not a deviation from hadhanah, but a contextual application of child-centered adjudication. The judge considered the father’s actual caregiving capacity, the child’s welfare, and the mother’s absence of objection as relevant legal facts. This decision reflects progressive legal reasoning that moves custody determination from formal parental priority toward evidentiary assessment of protection, stability, and child development in post-divorce family disputes before Indonesian religious courts today more decisively.

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Journal Info

Abbrev

nusantara

Publisher

Subject

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

Description

Nusantara: Journal of Law and Islamic Law is a peer-reviewed, open-access scholarly journal dedicated to the advancement of legal scholarship at the intersection of general law and Islamic jurisprudence. The journal aims to foster a rigorous intellectual dialogue between the unique legal traditions ...