AGAMA DAN AKHLAK: SATU ANALISA KELAYAKAN PENGASUH DALAM KES HADANAH

Abstract

With the growing number of failed marriages, questions of custody of the
children have become increasingly important. According to the Islamic family
law, the mother is entitled to the custody of young children in preference to
the father and other relatives. However, the mother will lose her right for a
number of reasons, namely if she has any defect of character, such as would
render her unfit to has the custody. This article will discuss the qualifications
necessary for custody in two aspects. Firstly, the custodian must be a Muslim
and secondly, she/he is of good conduct from the standpoint of Islamic
morality. This two aspects have been used in court by the disputing parties to
cast doubt on the qualification of custody of their opponents. Hence, this
article will discuss jurists' opinion from different school of thoughts as well
as approaches used by the shariah court in dealing with these issues.