Konsep Pemeliharaan Anak (Hadhanah) Pasca Perceraian di Negara-Negara Muslim

This study discusses the issue of the rights and responsibilities of child care after a divorce. The issue of child-rearing after divorce is important. Therefore, Islamic law then makes rules related to child rearing (hadhanah). Likewise, many Muslim countries then formulate laws that regulate the issue of rights and responsibilities for caring for children after divorce in detail. This paper will attempt to present a portrait of post-divorce child-rearing in Muslim countries, especially Indonesia, as well as to see how far the process of changing existing laws is from the classical fiqh paradigm. The findings of this study are changes in the concept of post-divorce child-rearing in several Muslim countries. Several Muslim countries have moved away from the classical fiqh paradigm. The most obvious thing is related to the issue of child-rearing. However, related to the issue of priorities and the backbone of disbursement, it is no different from the classical fiqh paradigm. Wives still have priority in terms of child-rearing, likewise, husbands still have a position as the backbone of disbursement. If you look closely, the issue of maintenance priorities and the backbone of disbursement still leaves problems, which tend not to take into account the existing contemporary realities. So it would be nice if this matter were left entirely to the court to see the best reality for all. This is also to eliminate the problem of gender bias. By positioning the court as the decision maker, it is hoped that children's rights will be safeguarded, in addition to preventing harm that may arise between husbands, wives, and children.