KEMASLAHATAN DAN DAMPAK PSIKOLOGIS PEMISAHAN HAK ASUH ANAK YANG BELUM MUMAYYIZ (STUDI PUTUSAN PENGADILAN AGAMA MUARA BUNGO NOMOR 100/PDT.G/2022/PA.MAB)

Istianatus Sunnah, NIM.: 20103050049 (2024) KEMASLAHATAN DAN DAMPAK PSIKOLOGIS PEMISAHAN HAK ASUH ANAK YANG BELUM MUMAYYIZ (STUDI PUTUSAN PENGADILAN AGAMA MUARA BUNGO NOMOR 100/PDT.G/2022/PA.MAB). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Child custody is one of the scopes in marriage, and marriage is included in the discussion of Islamic Family Law. Child custody disputes will arise when a married couple who have children agree to divorce. Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law regulate the provision of custody of children who are not yet mumayyiz will be given to the mother. However, in the Decision of the Muara Bungo Religious Court Number 100/Pdt.G/2022/PA.Mab decided to give custody of children who are not yet mumayyiz to each parent, meaning that the first child is given to the father and the second child is given to the mother. From the ruling, it attracts the author's attention to examine more deeply using the perspective of maslahah mursalah and psychology. The type of research conducted by the author is library research with a normative-juridical approach. This research uses primary data sources, namely the Decision of the Muara Bungo Religious Court Number 100/Pdt.G/2022/PA.Mab, books, scientific papers, and other internet materials related to the subject matter of the research. Then equipped with secondary data sources derived from interviews with 1 academic in the field of Islamic Family Law, 2 child psychologists, and 1 judge of the Martapura Class II South Sumatra Religious Court. The data is analyzed using qualitative analysis with a deductive method that explains the case descriptively-analytically. The author uses two theories, namely the theory of maslahah mursalah theory and the theory of child development psychology. From the research that has been conducted, the author finds the results that in the Decision of the Muara Bungo Religious Court Number 100/Pdt.G/2022/PA.Mab, the panel of judges decided to give custody of children who were not yet mumayyiz to each parent, meaning that the first child was given to his father and the second child was given to his mother. From the judge's consideration in the decision, it was explained that both parents were equally fit and well behaved. From the perspective of maslahah mursalah, this decision has maslahah although there are also mudharat. In the perspective of psychology, this decision has an impact on the child's psychology because they are separated from one of their parents and siblings.

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