RETHINKING CHILD CUSTODY (HADANAH) IN MODERN MUSLIM FAMILIES: BETWEEN MATERNAL PREFERENCE AND CHILD-CENTERED JUSTICE

Muhammad Zahid Abdullah Zuhri, MZAZ and Haris Miftah, Hm and Ainul yaqin, Ay (2026) RETHINKING CHILD CUSTODY (HADANAH) IN MODERN MUSLIM FAMILIES: BETWEEN MATERNAL PREFERENCE AND CHILD-CENTERED JUSTICE. RETHINKING CHILD CUSTODY (HADANAH) IN MODERN MUSLIM FAMILIES: BETWEEN MATERNAL PREFERENCE AND CHILD-CENTERED JUSTICE, 10 (2). pp. 592-616.

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Abstract

This study reexamines the concept of Hadanah in Islamic family law by highlighting the dominance of maternal
preference amid changes in the structure of contemporary Muslim families. The study employs a normative-
interdisciplinary approach that combines an analysis of classical fiqh, attachment theory in developmental
psychology, and the framework of maqasid al-shari’ah. The findings indicate that the primacy of the mother in
child-rearing reflects a socio-historical construction rather than an absolute normative principle. Modern
psychological studies confirm that the quality of emotional bonds and the stability of care play a more decisive
role than the caregiver’s gender identity. Meanwhile, the maqasid approach opens up a more flexible space for
reinterpretation by prioritizing the child’s best interests as the primary orientation. This study offers a
conceptual formulation of Hadanah based on child-centered justice, which places the child’s best interests as
the primary basis for determining custody. This model is expected to enrich the discourse on Islamic family
law reform, making it more responsive, contextual, and oriented toward substantive justice.
Keywords : Hadanah; child custody; child-centered justice; maqasid al-shari’ah

Item Type:	Article
Subjects:	K Law > K Law (General) Z Bibliography. Library Science. Information Resources > Z004 Books. Writing. Paleography
Divisions:	Fakultas Agama Islam > S1 Hukum Keluarga
Depositing User:	Unnamed user with email muhzahid945@gmail.com
Date Deposited:	18 Oct 2026 01:30
Last Modified:	18 Oct 2026 01:30
URI:	https://repository.unuja.ac.id/id/eprint/4658

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