@phdthesis{digilib68360,
           month = {July},
           title = {HAK HADANAH BAGI IBU YANG TELAH MENIKAH KEMBALI (STUDI PANDANGAN IBNU HAZM, AL-MAWARDI SERTA ORMAS NAHDLATUL ULAMA)},
          school = {UIN SUNAN KALIJAGA YOGYAKARTA},
          author = {NIM.: 17103050053 Ahmad Maulana Hasan},
            year = {2024},
            note = {Pembimbing: Ahmad Syaifudin Anwar, M.H.},
        keywords = {Hadanah, Hukum Islam Indonesia, NU},
             url = {https://digilib.uin-suka.ac.id/id/eprint/68360/},
        abstract = {Child care (hadanah) is the obligation of both parents. However, when a divorce occurs, the question arises as to who has the right to receive the hadanah rights. Most scholars agree that if the child is not mumayyiz, the hadanah rights will automatically be obtained by the mother. The problem arises when the mother remarries, regarding this matter, scholars still have different opinions regarding whether or not the mother's right to haveanah is terminated, Ibn Hazm is of the opinion that the mother still has the right to care as long as the mother and her new husband can be trusted to protect the child's religion and world, another opinion from al -Mawardi who said that the mother's right to hadanah was invalidated, because she was worried that the mother would be busy with her obligations as a wife to her new husband, then Nadlatul Ulama as the largest Islamic organization in Indonesia, regarding this issue was not much different from al-Mawardi's opinion regarding the equality in the use of the istinbat method and the school of thought adhered to, but there are values in NU that provide space to consider Ibn Hazm's opinion. Seeing this reality, the author is interested in discussing in more depth the factors that lead to differences in views of the three subjects. Then the author also discusses the relevance of the right of gift for remarried mothers to Indonesian Islamic Family Law.
This type of research is library research. Data sources were obtained from primary and secondary data. In this research, the author used a data collection method with documentation techniques by viewing or recording reports based on existing data in the form of documents regarding matters that are in accordance with the research theme. After obtaining the required data, the data is processed and then analyzed using the comparative method. The nature of this research is descriptive-analytic.
The conclusion of this research shows that the hadith used by Ibn Hazm and al-Mawardi are different, which causes different views on the issue of hadanah. Then, although NU is broadly in line with al-Mawardi, it does not rule out the possibility of NU accepting Ibn Hazm's views if he looks at the problem contextually. The author finds the relevance of Ibn Hazm's views in Indonesian Islamic Family Law. That the book al-Muhalla written by Ibn Hazm was one of the reference sources in the formulation of the KHI, with the KHI not mentioning the rule that the mother's hadanah rights will cease if the mother remarries is the result of a study of Ibn Hazm's views.}
}