October 8, 2025

Disparity in Child Custody Decisions from the Perspective of the Marriage Law and KHI

ADAhdie Atid DzikraSyarif Hidayatullah State Islamic University Jakarta KKKamarusdiana KamarusdianaSyarif Hidayatullah State Islamic University Jakarta YYYassardin YassardinSyarif Hidayatullah State Islamic University Jakarta

Key Points

Disparity in child custody decisions emphasizes varying judicial considerations for similar cases.
In one instance, the father lacked capability for proper child care, while in another, the mother abandoned the child.
Analysis involved examining two specific court cases from the Tangerang Religious Court, revealing differing factors in custody outcomes.
Judicial decisions focused on the best interest of the child, aiming to provide security and protection post-divorce.

Abstract

This research is a study that focuses on the disparity of decisions in child custody cases. The difference in decisions given by the Tangerang Religious Court in the same case. This study focuses on the factors in the granting of custody from the analysis and consideration of the panel of judges in case No. 967/Pdt.G/2014/PA.Tng and No. 2539/Pdt.G/2016/PA.Tng. The research method used is descriptive analysis. The factors that cause different decisions. In the first case the father as the defendant was unable to properly care for, educate and look after the child, and in the second case the mother as the respondent had left the applicant for more than two years and never returned. In the perspective of the law of marriage and the Compilation of Islamic Law (KHI) "the thing that must be considered is the interest of the child to provide security to children who are victims of divorce, in this case the Panel of Judges prioritizes how to provide protection and good for the child for the benefit and avoid things that are not desired by his parents.

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