HAK HADHANAH BAGI IBU MURTAD MENURUT
ENAKMEN NO.2 UNDANG-UNDANG KELUARGA
ISLAM NEGERI SELANGOR MALAYSIA
TAHUN 2003
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Institusion
Universitas Islam Negeri Raden Fatah Palembang
Author
SHAFAWI BIN SOBRI, MUHAMMAD
Subject
Datestamp
2021-09-20 06:48:04
Abstract :
This study Entitle Hadhanah (Custody Right) of Apostate Mother is conducted following the Enactment of Islamic Family Law in Selangor, Malaysia, due to a yearly increase in number of apostasy applications made by the mothers which is worrying in this current modernised world that we are living in. Based on that, questions of how is the implementation of the Islamic law going to be and what are the law outcomes on them are concluded. The applied method used in this study was by Library Research; with qualitative datas collected from the Enactment of Islamic Family Law of Selangor primarily. Related books, journals, articles, publications, were also used as a secondary source. The datas were then being analysed with a descriptive-analytical approach. From the results of the study, there are two opinions arise from the Islamic scholars; some of them approve the custody right of the mother to her children, while some of them deny the custody right of the mother to her children. Consequently, according to the Selangor Enactment of Islamic Family Law (Clause 83), it is justified that the righteous person to own a custody right over the children is their mother, as long as she is still married to her present husband. It is however nulled when the marriage disband. This law is also applied to the apostate mother as per conclusion.
This study Entitle Hadhanah (Custody Right) of Apostate Mother is conducted following the Enactment of Islamic Family Law in Selangor, Malaysia, due to a yearly increase in number of apostasy applications made by the mothers which is worrying in this current modernised world that we are living in. Based on that, questions of how is the implementation of the Islamic law going to be and what are the law outcomes on them are concluded. The applied method used in this study was by Library Research; with qualitative datas collected from the Enactment of Islamic Family Law of Selangor primarily. Related books, journals, articles, publications, were also used as a secondary source. The datas were then being analysed with a descriptive-analytical approach. From the results of the study, there are two opinions arise from the Islamic scholars; some of them approve the custody right of the mother to her children, while some of them deny the custody right of the mother to her children. Consequently, according to the Selangor Enactment of Islamic Family Law (Clause 83), it is justified that the righteous person to own a custody right over the children is their mother, as long as she is still married to her present husband. It is however nulled when the marriage disband. This law is also applied to the apostate mother as per conclusion.
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