El-Faqih : Jurnal Pemikiran dan Hukum Islam
Vol. 12 No. 2 (2026): EL FAQIH

Rekonstruksi Perlindungan Anak Pasca Perceraian melalui Ḥaḍānah dan Peran Lembaga Pendidikan Islam di Thailand: Studi Kasus Samutprakan Islamic School

Basma Rifda Albira (Hukum Keluarga Islam, Universitas Ibn Khaldun, Bogor Indonesia)
Ikhwan Hamdani (Hukum Keluarga Islam, Universitas Ibn Khaldun, Bogor Indonesia)
Ade Irma Imamah (Hukum Keluarga Islam, Universitas Ibn Khaldun, Bogor Indonesia)



Article Info

Publish Date
22 Oct 2026

Abstract

This study aims to analyze the application of the principle of ḥaḍānah in post-divorce child protection and to reconstruct the role of Islamic educational institutions from the perspective of maqāṣid al-sharī‘ah. This research employs a qualitative method with a case study approach at Samutprakan Islamic School. Data were collected through in-depth interviews with informants involved in the care, education, and support of children affected by parental divorce, as well as relevant documentary analysis. Data analysis was conducted through data condensation, data display, and conclusion drawing, integrating empirical findings into the conceptual frameworks of ḥaḍānah and maqāṣid al-sharī‘ah. Data validity should be strengthened through source and methodological triangulation. The findings indicate that post-divorce child protection cannot be adequately understood solely through the conventional division of parental responsibilities, in which mothers assume caregiving responsibilities while fathers provide financial support. Instead, it requires institutional involvement to ensure educational continuity, emotional support, religious guidance, and the fulfillment of children's best interests. Samutprakan Islamic School is identified as having strategic potential as a supporting actor in child protection, particularly when family coordination and access to legal mechanisms are constrained. These findings inform the reconstruction of ḥaḍānah from a caregiving responsibility primarily centered on parents toward a collaborative protection model involving families, schools, and relevant institutions.

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Journal Info

Abbrev

faqih

Publisher

Subject

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

Description

El-Faqih, Jurnal Pemikiran dan Hukum Islam, ISSN, 2503-314X ( Online) and 2443-3950 (Print) is a peer-reviewed journal published by the Faculty of Sharia, IAI Faqih Asyari Kediri. This scholarly periodical specializes in the study of Islamic law and seeks to present the various results of the latest ...