Savira, Raihana (2024) Hak Asuh Anak Di Bawah Umur Akibat Perceraian Menurut Kompilasi Hukum Islam (analisis Putusan No. 833/pdt.g/2021/pa.mr). Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT Humans are social creatures who cannot live alone to meet their needs, and have the desire to have a life partner and offspring. One way to make this happen is marriage. But in domestic life, husband and wife do not always remain harmonious and peaceful, so divorce is the only way. Children are the impact of the divorce. In decision No. 833/Pdt.G/2021/PA.Mr. the judge ruled that the father had custody of his two children. One of the rules regarding custody of children who are underage is stated in Article 105 and Article 156 of the Compilation of Islamic Law. The main problem in this research is how the juridical review in the Religious Court decision No. 833/Pdt.G/2021/PA.Mr and what legal considerations did the judge make in the Religious Court decision No. 833/Pdt.G/2021/PA.Mr. The research method used in this research is normative legal research, meaning research is based on the norms and rules that apply in the Religious Court decision No. 833/Pdt.G/2021/PA.Mr. the nature of the of the research is descriptive, that is it describes clearly and in detail the problems studied in the Religious Court decision No. 833/Pdt.G/2021/PA.Mr. From the results of the research conducted, it can be concluded that the divorce had an impact on child care, where the father received custody of his two children. In the Compilation of Islamic Law Article 105 paragraph (a) and Article 156 paragraph (a) it is explained that the care of minor children is the mother’s right. So there is a discrepancy between the judge’s decision and the existing regulations.

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