PARENTAL RESPONSIBILITY FOR CHILDREN AFTER DIVORCE FROM THE PERSPECTIVE OF ISLAMIC LAW IN THE JURISDICTION OF THE MAROS RELIGIOUS COURT

Abstrak

This study is to propose the responsibility of parents to children after divorce from the perspective of Islamic Law with the problem of how the concept of parental responsibility for children after divorce according to Law No. 1 of 1974; how the concept of parental responsibility for children after divorce according to the Compilation of Islamic Law, and what are the legal consequences for parents who do not carry out their obligations to children after divorce. Shar'i and formal juridical approaches with descriptive qualitative analysis are used in this research to answer the problems. The perspective of the Compilation of Islamic Law that the maintenance of children who are mumayyiz is given to the mother and the maintenance costs are borne by the father; Whereas in court decisions in the jurisdiction of the Maros Religious Court, the judge's legal consideration is that a father will never escape his responsibility to his child as long as the child is not an adult or not married. The father remains fully responsible for all the needs of his child. If the obligation is not carried out voluntarily, the court will execute the court's decision in accordance with the ruling. The implication is that the understanding of Islamic family law should be more intensified in the community, especially with regard to parental responsibility for children after divorce.