KONSEP JOINT PHYSICAL CUSTODY PASCA PERCERAIAN DALAM PERSPEKTIF KETENTUAN HADHANAH MENURUT KOMPILASI HUKUM ISLAM: ANALISIS PUTUSAN MAHKAMAH AGUNG NOMOR 171/PK/AG/2022

Abstract

Divorce does not extinguish parents’ obligations toward their children, particularly with regard to their care, upbringing, education, and fulfillment of their needs. In Islamic law, child custody is known as hadhanah, while the Compilation of Islamic Law (Kompilasi Hukum Islam) regulates hadhanah, particularly under Articles 105 and 156. Developments in post-divorce family law have subsequently introduced the concept of joint physical custody, a parenting arrangement that allows both the father and mother to share responsibility for the physical care of their child according to a predetermined schedule. This concept was recognized in Supreme Court Decision No. 171/PK/Ag/2022, which established that, in the best interests of the child, custody may be implemented through a joint physical custody arrangement.This study aims to analyze the concept of joint physical custody following divorce from the perspective of the hadhanah provisions under the Compilation of Islamic Law, as well as to examine the Supreme Court’s legal considerations in Decision No. 171/PK/Ag/2022. This research employs a normative juridical method using statutory, conceptual, and case approaches. Legal materials were obtained through a literature review comprising legislation, the Compilation of Islamic Law, court decisions, books, and relevant academic journals. The findings indicate that the application of joint physical custody in Decision No. 171/PK/Ag/2022 reflects the development of child custody law toward placing the best interests of the child as the primary consideration. The concept is consistent with the principles of hadhanah, although shared parenting arrangements have not yet been explicitly regulated in the Compilation of Islamic Law. Accordingly, the Supreme Court’s decision demonstrates an evolving interpretation of the law governing post-divorce child custody.