Agustian, Muhammad (2023) Hak Asuh Anak Di Bawah Umur Pasca Terjadinya Perceraian Di Tinjau Dari Hukum Islam Di Wilayah Pengadilan Agama Bengkalis. Other thesis, Universitas Islam Riau.

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Abstract

Child custody is a parent's obligation to provide services, protect, educate and care for children until they are adults both during the marriage bond or when the parents are divorced, Article 105 of the Islamic Law Compilation explains that the custody of children under the age of 12 must fall to mother's hand, but the author finds interest in the custody of minors in Bengkalis district where child custody falls into the hands of the father. Thus the author has a formulation of the problem, namely what is the position of custody of minors after the occurrence of a divorce according to Islamic law in the Bengkalis religious court, and what are the factors that influence the custody of minors to fall into the hands of fathers in Bengkalis district. The research method that the author uses is empirical legal research by collecting data and information relating to the object to be examined. by way of direct surveys to the field to collect primary data and secondary data obtained from respondents through interviews to be used as data or information as material in writing this research. Based on the results of the study, first, the position of child custody when the parents are divorced cannot be separated from the rights and obligations of the parents where the husband's obligation to provide for his wife and children while the mother educates and cares for her child, the point is that the position between husband and wife is equal, the two factors that affect rights parenting fell into the hands of the father, the factors: the mother abandoned her child, the mother remarried, the mother did not want to take care of her child and was angry and angry, the mother did not want to have a hard life.

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