Aspects of Child's Interests as the Ratio Decidendi the High Religious Court Gives the Father Rights of Current Children (Case Study of Semarang High Court Decision Number 228/Pdt.G/2024/PTA.Smg)

This research aims to determine the ratio decidendi of Semarang Islamic High Court Judges in granting custody of children who are not yet mumayyiz to the father. This research is a normative research with a case approach, the legal materials used include court decisions. The results of the research indicate that although it has been regulated in normative provisions that custody of children who are not yet mumayyiz is given to the mother or the mother's family, however, based on the aspect of interest to the child and the fact that the Father (Applicant) has provided a decent living including education. In the future, changes must be made to the law regarding custody of children who are not yet mumayyiz so that they can also given to the father by considering the interests of the child's growth and development including how the Father cares for and provides a decent living to children who are not yet mumayyiz