Hak Hadhanah kepada Ayah (Studi Kasus Putusan Pengadilan Agama Parigi Nomor Perkara: 237/Pdt.G/2018/PA.Prgi)

Abstract

Keywords: Rights, Hadhanah, Father, Judgment In a household relationship, the journey of married life is very different, there are differences in expressing an opinion that is often experienced by husbands and wives so that they experience conflicts, conflicts that continue to occur can cause the breakdown of the household so that the mismatch makes some couples decide to it looks better if the relationship is ended, that is, with a divorce. Divorce cases in Religious Courts in Indonesia often occur, and it is the child who will be the psychological victim in such cases. The purpose of this study was to determine the basis and consideration of judges regarding children's Hadhanah rights to fathers in the Parigi Religious Court Case Study Case Number: 237 / Pdt.G / 2018 / PA.Prgi, knowing the provisions of positive law and Islamic law in Hadhanah rights to fathers, other than that it can add insight to the community. In order to achieve this objective, the research was conducted using qualitative research. The data collection procedure is carried out by using the observation method, namely by conducting the interview method which is a method of collecting data by using an oral question and answer route with research sources, and the method of documentation which is looking for data about decisions and so on. Based on this research, the Judge's consideration in handing down hadhanah or custody rights to the father was due to several factors that were found to have triggered the transfer of custody, one of which was the apostate mother and for the benefit of the child. Although in fact in Article 105 of the Compilation of Islamic Law, custody or hadhanah rights of children under 12 years are the rights of the mother. Suggestions from researchers, for married couples who want to divorce, must think carefully about decisions taken from a religious perspective, because in Islam this is something that Allah hates.