Reassessing child custody after apostasy in Indonesia: A maqasid al-shari’ah and comparative human rights analysis

Sholehudin, Miftahus, Fadli, Moh, Sulistyarini, Rachmi and Djumikasih, Djumikasih (2026) Reassessing child custody after apostasy in Indonesia: A maqasid al-shari’ah and comparative human rights analysis. Journal of Agricultural and Socio-Economic Sciences, 4 (172). pp. 3-7. ISSN 2226-1184

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Abstract

This article examines the ontological foundations of post-apostasy child custody (ḥaḍānah) disputes in Indonesia, focusing on the structural tension between classical Islamic legal doctrine and the universalist ontology of human rights law. In prevailing normative practice, apostasy is frequently constructed as an essential legal attribute that automatically disqualifies a parent from custodial rights, based on a rigid interpretation of Article 105 of the Compilation of Islamic Law. This approach presupposes a static conception of legal subjectivity, wherein religious identity functions as the primary determinant of parental fitness. Such an ontology fundamentally conflicts with the child-centered normative order embodied in the principle of the Best Interests of the Child, as mandated by the Child Protection Law and the Convention on the Rights of the Child (CRC).

Item Type:	Journal Article
Keywords:	apostasy; child custody; Maqāṣid al-Sharīʿah; Islamic family law
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180119 Law and Society
Divisions:	Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User:	Miftahus Sholehudin
Date Deposited:	07 Apr 2026 10:56

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