Analysis of Judges’ Considerations in Deciding Child Care Case Against Apostate Wife

  • Aryati Yahya Islamic Family Law Department, Postgraduate, Institut Agama Islam Negeri Palu
  • Rusli Rusli Islamic Family Law Department, Postgraduate, Institut Agama Islam Negeri Palu
  • Muhammad Akbar Islamic Family Law Department, Postgraduate, Institut Agama Islam Negeri Palu
Keywords: Child care, hadhanah, apostasy, judge consideration

Abstract

The study focuses on analysis of the judge’s consideration in deciding the case of child care against the wife who converted to religion other than Islam. The study is a descriptive research by nature. It employs different data collection techniques while adopting qualitative approach in its data analysis. The setting of the study is at Parigi Religious Court. The findings of the study show that The judges have paid attention to the juridical, philosophical and sociological aspects that reflect the principles of legal certainty, justice and expediency in giving decisions. In addition, the judge’s basic consideration in granting the divorce suit was based on the assumption that if in a conflicting household atmosphere, according to the judge, divorce was the best solution to avoid greater harm on the grounds that the purpose of marriage was to realize harmonious family.

Published
2021-12-31
Section
Articles