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INDONESIA
AL-MUQARANAH-Jurnal Program Studi Perbandingan Mazhab
Published by Universitas Islam Negeri Sumatera Utara
ISSN : -     EISSN : -     DOI : -
Core Subject : Education,
Education
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Articles 32 Documents
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CHILD PROTECTION IN CUSTODY (HADHANAH) FOLLOWING PARENTAL DIVORCE Siti Nurheliza; Faisar Ananda
Al-Muqaranah : Jurnal Perbandingan Hukum dan Mazhab Vol 4, No 2 (2026): Al-Muqaranah Jurnal Perbandingan Hukum dan Mazhab
Publisher : Al-Muqaranah : Jurnal Perbandingan Hukum dan Mazhab

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Abstract

Divorce often raises various issues that impact the fulfillment of children's rights, particularly regarding care, maintenance, and legal protection. This study aims to analyze the concept of hadhanah in Islamic law, parental responsibilities towards children after divorce, and the legal consequences for parents who fail to fulfill their obligations. The method used is normative legal research with a statutory and conceptual approach. The research data was obtained through a literature review covering primary and secondary legal materials. The results indicate that hadhanah is an obligation to care for, educate, and protect children for the sake of their well-being. Divorce does not eliminate parental responsibility towards children, either in the form of care or provision. Islamic law and Indonesian positive law both place the best interests of the child as the primary basis for determining custody. Parents who neglect their obligations towards their children may be subject to legal consequences in accordance with applicable regulations. Child protection after divorce requires commitment and responsibility from both parents to ensure the optimal fulfillment of children's rights.
MARRIAGE LAW IN THE ISLAMIC WORLD: A COMPARATIVE STUDY OF INDONESIA AND SAUDI ARABIA Azhar Nur Mawaddah Gulo; Sukiati Sukiati; Iwan Iwan
Al-Muqaranah : Jurnal Perbandingan Hukum dan Mazhab Vol 4, No 2 (2026): Al-Muqaranah Jurnal Perbandingan Hukum dan Mazhab
Publisher : Al-Muqaranah : Jurnal Perbandingan Hukum dan Mazhab

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Abstract

Marriage in Islam is an act of worship aimed at building a harmonious family based on the theological values of sakinah (love), mawaddah (love), and rahmah (mercy). However, the implementation of marriage law in various Muslim countries has a diverse knowledge base or epistemology. This study aims to examine in depth the differences in the epistemology of marriage law between Indonesia and Saudi Arabia, and their impact on the protection of domestic rights. Using a qualitative approach in normative-theoretical library research, this study dissects secondary data in the form of regulations in Indonesia and legal practices in Saudi Arabia. The research shows that Indonesia implements a positive codified legal system through Law No. 1 of 1974, the Compilation of Islamic Law (KHI), and Law No. 16 of 2019, which provides legal certainty through strengthening administration such as marriage registration and tightening requirements for polygamy. In contrast, Saudi Arabia implements an unwritten legal system (uncodified law) rooted in the methodology of the Hambali School, where legal practice relies heavily on the ijtihad of judges and fatwas of religious authorities. This difference has implications for legal protection policies, such as the strict minimum age limit for marriage in Indonesia (19 years), in contrast to Saudi Arabia, which does not set a rigid legal age limit and still recognizes men's unilateral rights in divorce.

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