Qualitative analysis of hadanah conflict resolution in Acehnese community during the pandemic suggests non-litigation is preferred, indicating limits of state intervention and Islamic law.
This research discusses the hadanah (childcare) practice in the pandemic era after divorce, using the Acehnese community in Indonesia as a case study. The purpose is to show the contestation between non-litigation and litigation mechanisms of resolving the hadanah conflict during the pandemic in the community. A qualitative approach was used with three regions in Aceh as case studies, namely Aceh Taminga, East Aceh, and Langsa City, with the normative-empirical legal phenomenology. Subsequently, the results showed the Acehnese community's during the pandemic tendency to choose non-litigation mechanisms in resolving the hadanah conflict, as they are considered more in line with their character, which upholds customs and culture. The research concluded that the use of a non-litigation mechanism in solving post-divorce childcare disputes indicates the limitations of the state regarding Islamic law that is in harmony with the traditions and cultural conditions of the community.
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Nasution et al. (2021) studied this question.
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