COMPARATIVE STUDY OF CHILD CUSTODY RIGHTS ON ISLAMIC LAW AND POSITIVE LAW PERSPECTIVES

Abstract

Child custody (hadhanah) is one of the consequences of the breakdown of a marriage between a husband and wife. It is also a right inherited by individuals who are Muslim, wherein it becomes the absolute authority of the Court within the Religious Courts during trials. Child custody is governed by several criteria in Islamic Law and Positive Law. Therefore, this research aims to compare child custody (hadhanah) from the perspectives of Islamic Law and Positive Law. This study is qualitative and descriptive, based on document/text and literature reviews, with primary sources derived from journals and literature on Islamic law and positive law. The findings of this research reveal differences among scholars regarding child custody. Positive law, meanwhile, adheres to the Compilation of Islamic Law and the Child Protection Law.