Hak Asuh Anak Pasca Perceraian: Studi Komparasi di 4 Negara (Indonesia, Malaysia, Tunisai dan Maroko)

Abstract

This study compares post-divorce child custody arrangements in four Muslim countries (Indonesia, Malaysia, Tunisia, and Morocco) to gain a comprehensive understanding of the comparative rules related to post-divorce child care. This study focuses on the party responsible for child support, the party entitled to care for the child, and the age limit for post-divorce custody. This study uses a qualitative method with a normative and comparative legal approach. Data sources include laws and regulations, family law documents, and relevant academic literature in each country. The analysis involves identifying legal norms, interpreting texts, and comparing legal substances based on post-divorce custody indicators. The study finds that all four countries share the principle of making the father primarily responsible for child support. However, there are variations in granting custody rights, the role of the mother, and the time limit for custody. Indonesia sets the age of adulthood at 21 years as the limit for custody, while Malaysia sets a younger age but with the possibility of extension by the court. Tunisia and Morocco follow Maliki jurisprudence, with the limit of puberty or marriage, but still leave room for judges to assess the best interests of the child.