Tinjauan Yuridis Joint Custody Pasca Perceraian Dalam Putusan Mahkamah Syar’iyah Idi dan Aceh

This article examines the practice of joint custody after divorce from an Islamic legal perspective through a legal analysis of two Sharia Court decisions, namely the Idi Sharia Court and the Aceh Sharia Court. The purpose of this study is to assess the legal basis for joint custody and to compare the legal considerations used in the two decisions. This research employs a normative legal approach using case study and conceptual analysis methods. The results of the study show differences in legal reasoning: the Idi Sharia Court took a progressive approach by applying a joint custody model through the division of roles between both parents, while the Aceh Sharia Court took a conservative approach by prioritizing the psychological stability of the child and granting sole custody to the mother. This comparison confirms that although both are based on the principles of the best interests of the child and maqāṣid al-syarī‘ah, their implementation results in different rulings.

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Publication Details

Journal
Kamaya Jurnal Ilmu Agama
Published
2025-08-25
DOI
https://doi.org/10.37329/kamaya.v8i3.4815
Primary Topic
Marriage and Family Dynamics
Type
article
Field-Weighted Citation Impact
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article

Tinjauan Yuridis Joint Custody Pasca Perceraian Dalam Putusan Mahkamah Syar’iyah Idi dan Aceh

Iwan Iwan, S Nasution, Imam Yazid
Kamaya Jurnal Ilmu Agama
Marriage and Family Dynamics
article

Tinjauan Yuridis Joint Custody Pasca Perceraian Dalam Putusan Mahkamah Syar’iyah Idi dan Aceh

Iwan Iwan, S Nasution, Imam Yazid
article en

Abstract

This article examines the practice of joint custody after divorce from an Islamic legal perspective through a legal analysis of two Sharia Court decisions, namely the Idi Sharia Court and the Aceh Sharia Court. The purpose of this study is to assess the legal basis for joint custody and to compare the legal considerations used in the two decisions. This research employs a normative legal approach using case study and conceptual analysis methods. The results of the study show differences in legal reasoning: the Idi Sharia Court took a progressive approach by applying a joint custody model through the division of roles between both parents, while the Aceh Sharia Court took a conservative approach by prioritizing the psychological stability of the child and granting sole custody to the mother. This comparison confirms that although both are based on the principles of the best interests of the child and maqāṣid al-syarī‘ah, their implementation results in different rulings.

Kamaya Jurnal Ilmu AgamaVol. 8(3)
Universitas Islam Negeri Sumatera Utara (ID)
Openalex Percentile: Top 69%
Marriage and Family Dynamics
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