Hak Asuh Anak Bagi Perceraian Sebab Istri Murtad (Studi Kasus Putusan PA Semarang Nomor 1101/Pdt.G/2022/PA. Smg.)

Abstract

Hadhanah is the care of boys and girls who have not reached the age of majority, or who are unable to take care of themselves, by people who have the right to care for them. The law of hadhanah is obligatory for parents, even if they have separated. The issue of hadhanah often arises as a result of divorce. In the case of divorce, the mother has rights over children who are not yet mumayiz. The problem arises when a mother is known to have apostatized. In this case, according to Islamic law, the mother's hadhanah rights can be canceled. As in decision No. 1101/Pdt.G/2022/PA.Smg. The Panel of Judges considered that the custody of the child still fell to the mother with humanitarian considerations. The purpose of this research is to find out the legal basis and considerations used by the judge in deciding case No. 1101/Pdt.G/2022/PA.Smg. and conduct a legal analysis in the perspective of the Compilation of Islamic Law. This research uses a case study type of research with a type of skinative approach so that the results are descriptions and explanations of the research results. The results of this study can be concluded that in the perspective of Islamic law a mother can lose her hadhanah rights if she apostatizes. The dhoruriyah aspect which includes the life of the world and the hereafter must be prioritized. Maintaining the child's aqidah is included in the dhoruriyah aspect. Implicitly explained in KHI Article 156 paragraph 3 that hadhanah rights can be transferred if the hadhanah holder cannot guarantee the physical and spiritual safety of the child.