Jurnal Hukum Islam dan Hukum Keluarga
Vol. 6 No. 1 (2026): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga

IMPLIKASI CERAI DI BAWAH TANGAN TERHADAP HAK HADHANAH IBU DI KECAMATAN MEDAN PERJUANGAN

Maghfiratul Laili (Universitas Islam Negeri Sumatera Utara)
Amal Hayati (Universitas Islam Negeri Sumatera Utara)



Article Info

Publish Date
22 Sep 2026

Abstract

This study aims to analyze the implications of informal divorces on a mother's custody rights in the Medan Perjuangan district, as well as the forms of legal protection and ways to resolve related disputes. The study uses an empirical legal research method with juridical and conceptual approaches. Data was obtained through interviews with mothers who experienced restricted contact with their children and several related parties. The results show that informal divorces affect the implementation of a mother's custody rights, including prohibitions on meeting, communication restrictions, and the child being taken care of by the father or the father’s family. The causes include interference from the father’s family, the perception that the mother is unable or unfit to care for the child, economic conditions, the mother’s work, and unilateral decisions regarding child custody. These restrictions impact the emotional relationship between mother and child. This study concludes that informal divorces can weaken legal certainty in the implementation of maternal custody. Settlement can be reached through deliberation, while the Religious Court becomes the legal route if the dispute cannot be resolved within the family.

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Journal Info

Abbrev

alusroh

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Other

Description

Al-Usroh is a Scientific journal in the field of Islami Family Law that published by Islamic Family Law Program Shariah Faculty State Institue Of Islamic Religious Pontianak. This journal countains the masterpiece of writers and reserches. This journal welcomes contribution from scholars and expert ...