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PEMBERIAN HAK ASUH ANAK DALAM PERCERAIAN KARENA PERALIHAN AGAMA (MURTAD)

Journal of Islamic Studies and Humanities

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Title PEMBERIAN HAK ASUH ANAK DALAM PERCERAIAN KARENA PERALIHAN AGAMA (MURTAD)
 
Creator Rofiq, Muhammad Khoirur
 
Subject custody, divorce, apostasy
 
Description Divorce due to apostasy causes child custody issues, is religion or the welfare of the child a priority? This study is a qualitative normative legal research with a juridical approach and a case approach. Primary data in this study are seven decisions of the Religious Courts regarding divorce by apostate parents and the determination of child custody. This paper focuses on examining (1) judges' considerations in determining custody of children in divorce due to apostasy, (2) patterns of granting custody of children in divorce due to apostasy. This research results in (1) The judge considers the conditions of the parties with three priority conditions for determining child custody, namely Islam, morals, and the ability to care for children. (2) the pattern of granting custody of children in divorce due to apostasy is (a) Islam becomes a priority requirement in determining child custody (b) if Islamic requirements are not met, then the moral requirements and the ability to care for the benefit of the child will be prioritized. The panel of judges will analyze the conditions of both parents to determine what is best for the child, even though custody is given to the apostate parent.
 
Publisher UIN Walisongo Semarang
 
Contributor —
 
Date 2021-10-28
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier https://journal.walisongo.ac.id/index.php/JISH/article/view/8171
10.21580/jish.v6i2.8171
 
Source Journal of Islamic Studies and Humanities; Vol 6, No 2 (2021): Journal of Islamic Studies and Humanities; 97-110
2527-838X
2527-8401
 
Language eng
 
Relation https://journal.walisongo.ac.id/index.php/JISH/article/view/8171/pdf_1
 
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