Tinjauan Terhadap Penetapan Hak Hadhanah Kepada Seorang Ayah Bagi Anak Perempuan Yang Belum Mummayiz (Studi Kasus Putusan Nomor 1642/PDT.G/2017/PA.PBR)

Khumairoh, Nurul (2019) Tinjauan Terhadap Penetapan Hak Hadhanah Kepada Seorang Ayah Bagi Anak Perempuan Yang Belum Mummayiz (Studi Kasus Putusan Nomor 1642/PDT.G/2017/PA.PBR). Other thesis, Universitas Islam Riau.

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Abstract

In Islam, in the event of a divorce between husband and wife who have children who are not yet mummayiz, the mother is the person most entitled to the child, but in case number 1642/ Pdt.G/2017/PA.Pbr. has received and processed cases for children who are not yet mummayiz and dropped custody of his father. The problem in this study is how the position of a child custody lawsuit case in the decision Number 1642/Pdt.G/2017/PA.Pbr and the legal considerations of the judges in the decision of the Pekanbaru Religious Court Number 1642/Pdt.G/2017/PA.Pbr concerning the determination the right of hadhanah to a father for a daughter who is not yet mummayiz. This research belongs to the type of normative legal research. The problem approach in this study uses descriptive analytical research specifications. In this study the legal materials used are primary legal materials using case verdict Number 1642/Pdt.G/2017/PA.Pbr. Secondary legal materials in the form of theses and books relating to child custody. Tertiary material consisting of non-legal materials such as dictionaries, encyclopedias, and the internet. The conclusion of this research is drawn deductively by drawing conclusions from general matters to specific matters. The results of the study that the determination of the right of hadhanah to a father for girls who are not yet mummayiz is to give the right of hadhanah to his father, because his mother is unable to run as a holder of hadhanah rights and the mother always entrusts her child to his siblings so that his duty as a holder of hadhanah rights does not go well . For the sake and benefit of the child, the court granted the plaintiff's claim with the verdict and gave a gift to the plaintiff.

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