Protection of Children of Divorce Victims in Islamic Family Law: An Analysis of Psychological Resilience in the Perspective of Maqāṣid al-Syarī'ah

Muhamad Ismail (Najmi Edu Creative)
Firman Surya Putra (Institut Agama Islam Lukman Edy)
Misra Netti (Institut Agama Islam Lukman Edy)
Muhammad Kamalin (Institut Agama Islam Lukman Edy)
Azzuhri Al Bajuri (Institut Agama Islam Lukman Edy)

Journal of Islamic Law El Madani
Vol. 5 No. 2 (2026)

Parental divorce not merely alters the legal relationship between spouses but also appreciably affects children's psychological well-being, possibly hindering their emotional, social, and developmental growth. In Islamic Family Law, the protection of children after divorce is part of the responsibility of parents to ensure the welfare of the child according to the goals of maqāṣid al-syarī'ah. This study intends to examine the psychological resilience of children affected by parental divorce and explore its relevance to child protection within the framework of maqāṣid al-syarī'ah. The research uses a qualitative approach with a field research design and will be conducted in January-April 2026 at four private Vocational High Schools in the city of Pekanbaru. The research informants comprised 10 people, including four students who were victims of divorce, four parents, and two guidance and counselling teachers, who were purposively selected. Data was collected through in-depth interviews, observations, and documentation, then analysed using thematic analysis. The results of the study show that parental divorce affects children's emotional conditions in the form of sadness, anxiety, decreased sense of security, and obstacles to social and academic adaptation. However, family support, the school environment, and self-reflection skills aid in the development of psychological resilience, which is characterised by increased self-awareness, emotional control, acceptance of family circumstances, and positive adaptability. From the perspective of maqāṣid al-syarī'ah, strengthening the psychological resilience of children constitutes an effort to protect the soul (ḥifẓ al-nafs) and the intellect (ḥifẓ al-'aql). The study supports Islamic Family Law scholarship by conceptualising psychic resilience as an essential dimension of child protection, thereby supporting the realisation of ḥifẓ al-nafs and ḥifẓ al-'aql within the maqāṣid al-syarī'ah framework. Therefore, child protection after divorce needs to be understood not only as the fulfilment of material rights, but also as protection for the psychological well-being of children in a sustainable manner.