Study Of Determination Of Child Care Rights On Parents Who Are Divorced Due To Different Religions

Abdul, Rokhim and Gusti, Heliana Safitri and Ony, Rosifany and Sukindar, Sukindar and Edwin, Sinaga (2023) Study Of Determination Of Child Care Rights On Parents Who Are Divorced Due To Different Religions. https://www.ijhssi.org/indexing.html, 12 (1). pp. 125-129. ISSN 2319 – 7722

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Abstract

Law No. 1 of 1974 concerning Marriage raises the consequence that interreligious religious mixed marriages are prohibited. But in reality, people still do that. Families of different religions are one of the many problems that exist. In the family, not all of them can go according to what is aspired to in a marriage bond. In the family, there are often disputes that will eventually lead to divorce, where the child is indirectly one of the victims. The right to care for children after a divorce because one of the parents has apostatized is a discussion that needs to be studied, especially those related to religion which is very urgent for the continuity of the faith followed by the child. This research uses a juridical-normative approach. The problem approach in this research is statutory. The results of the study show that child custody is mandatory. All scholars agree that the mother who bears custody of the child and bears the cost of child custody is the father's responsibility. In the Compilation of Islamic Law Article 105, it is stated that a child who is not yet mumayyiz or not yet 12 years old is the right of the mother to look after him, whereas if the child is already mumayyiz, he can choose between his father or mother to act as his caretaker; and (2) if there is a divorce of parents who have different religions, then the custody of the child that should be with the mother becomes null and void, if the mother is proven to have embraced another faith or is an apostate, then the mother is deemed no longer eligible to obtain custody of the child and is considered valid. And it is appropriate for the court judge to grant custody to the father, who is still a Muslim.

Item Type:	Article
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Prodi Studi Hukum
Depositing User:	Unnamed user with email effendi@untag-smd.ac.id
Date Deposited:	17 Oct 2023 05:46
Last Modified:	20 Dec 2023 03:47
URI:	http://repository.untag-smd.ac.id/id/eprint/411

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