Universitas Islam Negeri Alauddin Makassar Proceedings, The 1st International Conference on Science and Islamic Studies (ICOSIS-2023)

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The determination of hadhanah rights of children who are not mumayyiz given to the father (study of decision number 635/Pdt.G/2020.PA.Skg)
Musafir Musafir, Qadir Gassing, Muammar Bakry, Abdul Wahid Haddade

Last modified: 2023-09-19


Mothers are thought to have greater empathy, tolerance, and attention, and they are the people best suited to perform hadhanah for children who have not yet been mumayyiz. This raises a concern, particularly on how the reflection and ijtihad strategy of the appointed authority resolved case number 635/Pdt.G/2020/PA.Skg guarantees hadhanah rights for young children who have not yet attained the status of mumayyiz to their father. The research administered in this study was an exploration that was humanistically or experimentally valid, and the methodology used was a case approach with a graphical strategy, which is utilized to depict everything associated with the subject precisely. The decision to give custody of children who were not yet mumayyiz to their father was made after a thorough investigation. The results of the study show that the decision of the panel of the judges related to the guarantee of granting hadhanah to the children who have not yet been mumayiz to their father, in this case, according to the researcher, is because of reflection. This is to help the children, especially if the situation and obligation of the father to complete hadhanah for their children are better than the mother's circumstances. In addition, the mother of the children has also given up the freedom of the children who have not been mumayiz to their father. Therefore, the decision-making still needs to focus on three components: the rules of legal certainty, expediency, and justice.


Mumayyiz; hadhanah rights; decision of the religious court SKG

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