Analysis of the Judge's Considerations in Decision Number: 1134/Pdt.G/2025/PA.Kjn Concerning Child Custody Based on the Child's Best Interest

Abstract

Divorce under Islamic law presents complex legal issues, particularly regarding child custody for children under the age of majority. Article 105 of the Compilation of Islamic Law (KHI) explicitly states that legal custody of children under the age of majority belongs to the mother. However, in practice, some court decisions grant custody to the father based on the principle of the child's best interest, a consideration that has not been thoroughly examined from a normative perspective. This study aims to analyze the legal considerations in Decision Number 1134/Pdt.G/2025/PA.Kjn, which deviate from the provisions of Article 105 of the KHI. This research employs a normative juridical methodology, employing case studies, legislation, conceptual, and analytical approaches. Primary data includes court decisions and laws and regulations, while secondary data were obtained from literature on child custody and the principle of best interests. The analysis technique used was descriptive qualitative, systematically presenting and describing legal norms, child protection principles, and legal considerations within the context of the case. The findings indicate that judges prioritize the psychological well-being and education of children when granting custody to fathers, despite this conflicting with Article 105 of the Compilation of Islamic Law (KHI). The principle of the best interests of children complements normative law in producing just and contextually relevant decisions. In conclusion, the application of the principle of best interests by judges strengthens the application of Islamic law in resolving child custody (hadhanah) cases in religious courts. By comprehensively considering children's welfare, decisions not only comply with formal legal norms but also prioritize justice and more humane protection for children.