ALIH PERAN TANGGUNG JAWAB HADANAH OLEH ORANG TUA PERSPEKTIF MASLAHAH MURSALAH (STUDI DI PANTI ASUHAN MADANIA YOGYAKARTA)

Muhammad Wildan Firdausy, NIM.: 21103050013 (2026) ALIH PERAN TANGGUNG JAWAB HADANAH OLEH ORANG TUA PERSPEKTIF MASLAHAH MURSALAH (STUDI DI PANTI ASUHAN MADANIA YOGYAKARTA). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Haḍanah in Islam is in principle a collective responsibility of both parents, as regulated in Article 105 of the Compilation of Islamic Law (Kompilasi Hukum Islam). Not all parents are able to perform their custodial function optimally, which has led the Madania Orphanage in Yogyakarta to emerge as a family-substitute institution for orphans and underprivileged children, with the number of children entrusted to it increasing every year. This study aims to explore the factors that lead parents to transfer haḍanah responsibility to the orphanage and to analyze the institution's efforts in fulfilling the rights of its foster children. This study employs field research with a descriptive-analytical nature and a normative approach. Primary data were obtained through interviews with one caregiver, two administrators, and four parents or guardians representing categories of orphaned, motherless, doubly orphaned, and intact-family children, while secondary data were drawn from documents, archives, and related literature. Data collection techniques included observation, interviews, and documentation, with qualitative data analyzed using an inductive method examined through the framework of maṣlahah mursalah. (unrestricted public interest). Findings indicate that economic factors constitute the most dominant cause of haḍanah transfer, followed by family circumstances and single-parent status resulting from divorce or death, considerations of education and religious upbringing, social environment and safety concerns, and the flexibility of the orphanage's care system. From the perspective of maslahah mursalah, the decisions of the four informants fulfill the criteria of genuine benefit, general (collective) benefit, and consistency with Islamic textual sources and scholarly consensus. Meanwhile, the orphanage's efforts to fulfill the rights of foster children encompass ten aspects, including civil registration and identity documents, education, play and recreation, protection from violence, nutritious food, health guarantees, and equality without discrimination, all of which are assessed as meeting the requirements of maslahah mursalah by bringing genuine benefit to both the children and the wider community.

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