Reconstructing Hadhanah in Islamic Family Law through a Shared Parenting Framework Based on the Best Interests of the Child

Abstract

The transformation of contemporary Muslim families has challenged the conventional hadhanah (child custody) framework in Islamic family law, which remains predominantly oriented toward determining custodial rights rather than ensuring the continuity of parental responsibilities after divorce. This study aims to reconstruct the concept of hadhanah through a shared parenting model based on the principle of the best interests of the child and the objectives of maqāṣid al-sharī'ah. The research employs a socio-legal approach by integrating normative legal analysis with empirical inquiry. Normative data were obtained from the Qur'an, Hadith, classical and contemporary Islamic jurisprudence, the Compilation of Islamic Law (KHI), Indonesian child protection legislation, and Religious Court decisions, while empirical data were collected through in-depth interviews with judges, mediators, legal practitioners, academics, psychologists, and divorced parents in Lampung Province. The findings reveal that the current hadhanah system still emphasizes custodial entitlement, creating a gap between legal norms and the evolving realities of collaborative parenting in modern Muslim families. This study proposes a Maqāṣid al-Sharī'ah-based shared parenting model that redefines hadhanah as a continuing legal and moral responsibility jointly borne by both parents. The proposed model prioritizes the child's welfare through collaborative decision-making, proportional caregiving arrangements, structured parenting plans, and judicial supervision while remaining conditional upon the absence of violence or circumstances harmful to the child. The study contributes to the reform of Indonesian Islamic family law by offering a child-centered framework for post-divorce parenting that harmonizes Islamic legal objectives with contemporary family realities.