Journal
Battle for Blood: Child Custody Conflicts in Divorce – Islamic vs. Customary Law
Contemporary Issues on Interfaith Law and Society · Vol. 3 No. 2 (2024)
- ISSN
- 2829-8624, 2829-8373
- Published
- 2024-12-31
- Publisher
- Faculty of Law, Universitas Negeri Semarang
Abstract
Child custody disputes following divorce often become complex legal and emotional battles, especially when religious and customary laws intersect. In many Muslim-majority societies, Islamic law (Sharia) and customary law (adat) both influence custody decisions, sometimes complementing each other but often conflicting in practice. Islamic law prioritizes the child’s welfare while emphasizing maternal custody during early childhood (hadanah) and paternal guardianship (wilayah) in later years. However, customary law, deeply rooted in local traditions, can override or modify these principles based on community norms, family ties, and social status. This study explores the legal and cultural dimensions of child custody disputes in divorce cases, analyzing the extent to which Islamic law and customary law shape judicial decisions and parental rights. While Islamic law prescribes clear guidelines, its application varies across jurisdictions, influenced by local customs and judicial interpretations. In many cases, customary norms challenge Islamic legal principles, leading to inconsistencies and gendered biases that may disadvantage mothers or overlook the best interests of the child. As globalization and legal reforms push for greater adherence to human rights and child protection standards, the tension between religious and customary laws raises critical questions about the future of custody rulings. This paper examines landmark cases, legal frameworks, and the evolving role of Islamic and customary laws in shaping custody outcomes. By comparing these perspectives, it seeks to highlight the need for harmonized legal solutions that prioritize the child’s well-being while respecting cultural and religious traditions.
Collaboration network of the authors
40 authors · 131 co-authorship links · showing the 40 most connected
Hover or tap a name to highlight its co-authors. Double-click to open the author's page.
- State University of Semarang
- Affiliation unknown
- Different organisations
- Same organisation
- Affiliation unknown
- Thicker line = more joint articles · bigger circle = more articles
Show as table
| Co-author | Organisation | Joint articles |
|---|---|---|
| Cahya Wulandari | State University of Semarang | 8 |
| Wahyu Dwianto | Affiliation unknown | 5 |
| Danang Sudarwoko Adi | Affiliation unknown | 4 |
| Ridwan Arifin | Affiliation unknown | 4 |
| Dewi Sulistianingsih | State University of Semarang | 3 |
| Irawaty Irawaty | Affiliation unknown | 3 |
| Rodiyah Rodiyah | Affiliation unknown | 3 |
| Muhammad Azil Maskur | Affiliation unknown | 3 |
| Yusup Amin | Affiliation unknown | 3 |
| Diandra Preludio Ramada | Affiliation unknown | 3 |
| Ali Masyhar | Affiliation unknown | 3 |
| Pujiono Pujiono | Affiliation unknown | 2 |
| Eko Mukminto | Affiliation unknown | 2 |
| Widhiyanto Widhiyanto | Affiliation unknown | 2 |
| Ayup Suran Ningsih | Affiliation unknown | 2 |
| Indah Sri Utari | Affiliation unknown | 2 |
| La Ode Muhammad Ichsan | Affiliation unknown | 2 |
| Putri Balqis Nuril Hakim | Affiliation unknown | 2 |
| Ahmad Gelora Mahardika | Affiliation unknown | 2 |
| Fitriani Abdi | Affiliation unknown | 2 |
| Salman Alfarisi | Affiliation unknown | 2 |
| Permata Intan Maharani | Affiliation unknown | 2 |
| Bayangsari Wedhatami | Affiliation unknown | 2 |
| Cindy Ayu Prasasi | Affiliation unknown | 2 |
| Dwi Anggorowati Rahayu | Affiliation unknown | 2 |
| Sunu Kuntjoro | Affiliation unknown | 2 |
| Widowati Budijastuti | Affiliation unknown | 2 |
| Dwi Ajias Pramasari | Affiliation unknown | 2 |
| Djarwanto | Affiliation unknown | 2 |
| Listya Mustika Dewi | Affiliation unknown | 2 |
| Raden Gunawan Hadi Rahmanto | Affiliation unknown | 2 |
| Dyah Ayu Agustiningrum | Affiliation unknown | 2 |
| Ubaidillah Kamal | Affiliation unknown | 2 |
| Rayi Kharisma Rajib | Affiliation unknown | 2 |
Affiliations come from OpenAlex; journal OAI-PMH metadata carries none. Authors without an OpenAlex ID are matched by name, which can merge or split people.