TRANSISI KONSEP HADHANAH KE PARENTAL RESPONSIBILITY (ASAH ASUH): UPAYA PERLINDUNGAN KEPENTINGAN TERBAIK ANAK PASCA PERCERAIAN

Abstract

Abstract

The high divorce rate in Indonesia has had a significant impact on the growth and development of children who lose an intact family environment. The traditional Islamic jurisprudence tradition often focuses discussions of hadhanah on "custody rights" or who has the right to keep the child based on certain age limits. However, contemporary legal dynamics, Constitutional Court decisions, and the adoption of the "Parental Responsibility" concept have shifted this doctrine towards "asah asuh" or continuous parental responsibility despite divorce. This study aims to analyze the shift of fiqh doctrine from traditional hadhanah to modern parental responsibility concepts, and to examine the implementation of Religious Court decisions regarding "asah asuh". The method used is normative legal research with a case study approach to court decisions from 2020-2024. The results indicate that the rigid classical hadhanah system based on age (7-12 years) is being abandoned. Judges tend to apply the "Best Interest of the Child" standard, which prioritizes the child's psychology and still mandates financial and emotional contributions from the non-custodial parent. This article recommends a reconstruction of the wilayah custody concept in Indonesian law towards a co-parenting model oriented towards comprehensive protection.

Keywords: Hadhanah; Parental Responsibility; Divorce; Best Interest of the Child; Asah Asuh.