Ismah, Nur (2018) HAK ASUH ANAK KEPADA AYAH DALAM PERSPEKTIF MAQASID ASY-SYARI’AH ( Analisis Putusan Hakim di Pengadilan Agama Semarang Perkara Nomor 1789/Pdt.G/2017/PA.Smg ). Undergraduate thesis, Fakultas Agama Islam UNISSULA.
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Abstract
Child custody in the term of fiqh is called hadhanah, defined as caring for a small child who has not been able to live independently, by fulfilling the necessities of his life, keeping it from harmful things, giving him physical and psychic education, developing his intellectual ability to be able to assume the responsibility of his life. An institution that is competent in determining who is entitled to child custody is required, in this case a Court institution. The Religious Courts of Semarang in this case have given the decision of custody of the child to the father, as stated in the decision of the case number 1789 / Pdt.G / 2017 / SMG, which should custody of the unaccompanied child is his mother's right. And the decision of child custody will be seen from the point of view of Maqasid asy-syari'ah. The purpose of Maqasid ash-shari'ah is to preserve the welfare and prevent damage. For that Islamic law should lead to Maqasid asy-syari'ah is to maintain the interests of ad-daruriyyat (primary), al-hajiyyat (secondary), and al-tahsiniyyat (tertiary). Problems that exist, then discussed by doing research using normative approach method with ushul fiqh theory, with research specification in the form of field research, prescriptive with primary data collecting and secondary data, and after data collected penganalisaanya done deductively . Related to the judge's decision the custody of the child was transferred to the father, the authors concluded that the judge considered the decision for the benefit and the future of the child, and viewed from the perspective of Maqasid asy-syari'ah that the goal of enforcing Islamic law to preserve the child's welfare, and physical and psychological development of children.
| Item Type: | Thesis (Undergraduate) |
|---|---|
| Subjects: | B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc |
| Divisions: | Fakultas Agama Islam Fakultas Agama Islam > Syari'ah (Ahwal Syakhshiyah) |
| Depositing User: | Pustakawan 1 UNISSULA |
| Date Deposited: | 03 May 2018 01:54 |
| Last Modified: | 03 May 2018 01:54 |
| URI: | http://repository.unissula.ac.id/id/eprint/10492 |
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