<![CDATA[This study is motivated by the problem of applying ḥaḍānah law when a mother who initially embraced Islam returns to her previous religion (apostasy), as reflected in East Jakarta Religious Court Decision Number 1700/Pdt.G/2010/PAJT. This study analyzes the legal considerations in the decision concerning the transfer of ḥaḍānah to the father following the mother’s apostasy and examines them from the perspective of Maqāṣid al-Syarī‘ah. The study employs a normative juridical approach. The primary legal source is East Jakarta Religious Court Decision Number 1700/Pdt.G/2010/PAJT, while secondary sources include books, journals, legislation, and expert opinions relevant to ḥaḍānah and Maqāṣid al-Syarī‘ah. The findings show that the Panel of Judges transferred ḥaḍānah to the father by placing the mother’s apostasy and her parenting practices, which were considered potentially influential on the child’s religious beliefs, as dominant considerations. However, from the perspective of Maqāṣid al-Syarī‘ah, these considerations did not fully balance the protection of religion with the child’s safety, psychological development, and continuity of the relationship with the mother. Therefore, apostasy should not, in itself, constitute the sole basis for transferring ḥaḍānah without concrete evidence of a threat to the child’s religion, safety, and development; the determination of custody should instead be directed toward the child’s welfare and best interests.]]>
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