Perlindungan Hukum Terhadap Hak-Hak Anak dan PerempuanPasca Perceraian

Abstract

In general, it can be said that it is the will of the people who carry out the marriage, that the marriage
will continue and only be interrupted when one of the husbands or wives dies. But in reality, maintaining a
happy and eternal family is not easy. In the course of the household, there are often problems that result
in disputes and quarrels. When the rights of one party are violated, or one of the parties does not carry
out their obligations, there will be turmoil in the household. Many husbands and wives finally decide to end
their marriage by divorce. Divorce has legal consequences both for ex-husbands and ex-wives and for
children. The Marriage Law does not provide a clear description if there is a dispute or struggle for child
custody (hadhanah), then custody of the child is given to the father or mother. However, the Compilation
of Islamic Law (KHI) provides a more detailed description of child custody or hadhanah. Based on
Article 105 in conjunction with Article 156 of the Compilation of Islamic Law (KHI).