eprintid: 67448
rev_number: 12
eprint_status: archive
userid: 12460
dir: disk0/00/06/74/48
datestamp: 2024-10-02 07:57:33
lastmod: 2024-10-02 07:57:33
status_changed: 2024-10-02 07:57:33
type: thesis
metadata_visibility: show
contact_email: muh.khabib@uin-suka.ac.id
creators_name: Heru Herdianto, NIM.: 17103050046
title: HAK ASUH ANAK KEPADA ORANG TUA MURTAD DI PENGADILAN AGAMA SLEMAN  (ANALISIS PUTUSAN NOMOR 284/PDT.G/2015/PA.SMN)
ispublished: pub
subjects: 346.01
divisions: huk_kel
full_text_status: restricted
keywords: Hak Asuh Anak, Murtad, Mumayyiz, Maqaṣid Syari’ah
note: Pembimbing: Taufiqurrahman, M.H
abstract: Child custody is the process of raising, caring for, and educating a child until they reach adulthood and are able to live independently. The goal of child custody is achieved by ensuring the child's physical and spiritual well-being. When parents divorce, custody of a child who has not yet reached the age of discernment (mumayyiz) is usually prioritized to the woman, especially the mother, as long as she has not remarried. Problems arise when the mother becomes an apostate, while the child is still not mumayyiz. Does the mother's apostasy affect her custody rights? How does the principle of maqāşid syarī’ah consider the benefits and harms if custody is granted to an apostate mother? This study aims to explain the legal aspects of child custody by an apostate mother. The focus of this research is on child custody during the breastfeeding period and after the breastfeeding period has ended, analyzed using Imam Asy-Syatibi's maqāşid syarī’ah as a tool to weigh the benefits and harms in determining custody rights for an apostate mother.
This research is a library research study, with the primary reference being Decision Number 284/Pdt.G/2015.PA.Smn., which granted child custody to an apostate mother. The approach used is a normative juridical approach using Imam Asy-Syatibi's Maqāṣid Syarī’ah theory and the Compilation of Islamic Law, placing the law as a system based on statutory regulations, religious teachings, or principles applicable in Indonesia. This research falls within the normative juridical approach because it seeks to understand the judge's considerations and the references used in deciding child custody to an apostate parent in the Sleman Religious Court.
Based on the analysis and observations, it can be concluded that in this study, the decision in Case Number 284/Pdt.G/2015/PA.Smn, based on Imam Asy-Syatibi's Maqāṣid Syarī’ah theory, the judge prioritized the protection of the child's physical health (hifz al-nafs) and intellectual development (hifz al-aql) as the main priority by granting custody of the child who has not yet reached mumayyiz to the apostate mother. Prioritizing hifz al-nafs and hifz al-‘aql in this context does not mean neglecting hifz ad-Din. Hifz ad-Din remains a primary concern, but for a child who is only three years and six months old or still a toddler, it is considered that there is no immediate threat of religious deviation.
date: 2024-07-25
date_type: published
pages: 99
institution: UIN SUNAN KALIJAGA YOGYAKARTA
department: FAKULTAS SYARI'AH DAN HUKUM
thesis_type: skripsi
thesis_name: other
citation:   Heru Herdianto, NIM.: 17103050046  (2024) HAK ASUH ANAK KEPADA ORANG TUA MURTAD DI PENGADILAN AGAMA SLEMAN (ANALISIS PUTUSAN NOMOR 284/PDT.G/2015/PA.SMN).  Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.   
document_url: https://digilib.uin-suka.ac.id/id/eprint/67448/1/17103050046_BAB-I_IV-atau-V_DAFTAR-PUSTAKA%20%281%29.pdf
document_url: https://digilib.uin-suka.ac.id/id/eprint/67448/2/17103050046_BAB-II_sampai_SEBELUM-BAB-TERAKHIR%20%281%29.pdf