Beyond Parental Conflicts: Reconstructing Child Custody Decisions Through Maslahah Mursalah

Ilham, Lailul (2026) Beyond Parental Conflicts: Reconstructing Child Custody Decisions Through Maslahah Mursalah. Beyond Parental Conflicts: Reconstructing Child Custody Decisions Through Maslahah Mursalah, 05 (01). pp. 111-126. ISSN 2962-9241

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Abstract

This study aims to reconstruct child custody decisions in Indonesia through the perspective of Maslahah
Mursalah by examining the extent to which parental conflicts influence judicial determinations and affect the
realization of the best interests of the child. Child custody disputes often arise from competing parental claims
following divorce, creating legal and practical challenges for judges in determining custody arrangements that
genuinely prioritize child welfare. The research employs a normative juridical methodology using statutory,
conceptual, and case approaches. Primary legal materials consist of Indonesian family law regulations, judicial
decisions concerning child custody, and classical and contemporary Islamic legal sources discussing Maslahah
Mursalah. Secondary materials include scholarly articles, books, and legal commentaries relevant to child welfare and
Islamic family law. The findings demonstrate that child custody decisions in Indonesia are frequently influenced by
formal legal considerations and parental rights claims, while the child’s long-term physical, emotional, educational, and social interests may receive insufficient attention. The analysis further reveals that Maslahah Mursalah offers a
comprehensive framework that enables judges to move beyond rigid legal formalism and parental conflicts by
focusing on the protection and welfare of children as the primary objective of custody determinations. This approach
emphasizes the prevention of harm (mafsadah) and the realization of benefit (maslahah) in accordance with the
broader objectives of Islamic law. The study concludes that Maslahah Mursalah can serve as a normative foundation
for reconstructing child custody decisions in Indonesia toward a more child-centered and welfare-oriented model.
Academically, this research contributes to the development of contemporary Islamic family law by integrating the
principle of the best interests of the child with Islamic legal reasoning, thereby providing an alternative framework for judicial decision-making and future reforms in child custody law and practice.

Item Type:	Article
Uncontrolled Keywords:	Keywords:Child Custody, Custody Decisions, Islamic Law, Maslahah Mursalah, Parental Conflicts
Subjects:	B Philosophy. Psychology. Religion > B Philosophy (General) B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc K Law > K Law (General)
Divisions:	Fakultas Agama Islam > S1 Hukum Keluarga
Depositing User:	Unnamed user with email ilulbws08@gmail.com
Date Deposited:	26 Oct 2026 02:36
Last Modified:	26 Oct 2026 02:36
URI:	https://repository.unuja.ac.id/id/eprint/5307

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