Forensic psychological evidence in ḥaḍānahdisputes: A content analysis of fifty Indonesian religious court decisions

Nuqul, Fathul Lubabin ORCID: https://orcid.org/0000-0002-3789-9940 (2026) Forensic psychological evidence in ḥaḍānahdisputes: A content analysis of fifty Indonesian religious court decisions. Sakina: Journal of Family Studies, 10 (3). pp. 212-228. ISSN 2580-9865

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Abstract

This study analyzes how forensic psychological evidence is used in child custody (ḥaḍānah) decisions of Indonesian Religious Courts. Prior research suggests judicial inconsistency in accommodating psychological evidence, but no systematic mapping of the pattern exists. This study employs quantitative content analysis of 50 Religious Court and Sharia Court decisions issued between 2015 and 2026, retrieved from the Supreme Court Decision Directory and coded for party characteristics, outcomes, the presence and judicial treatment of psychological evidence, and the ratio decidendi. The findings show that custody was awarded to mothers in 58% of cases, consistent with Article 105 of the Compilation of Islamic Law (KHI). Psychological evidence was absent in 86% of cases, and 92% of decisions contained no explicit assessment of its evidentiary weight. In the five cases where psychological evidence appeared, judges used it to prove grounds for divorce, treated it as supporting confirmation, or explicitly set it aside; none constituted a parenting-fitness evaluation meeting forensic standard. The study recommends custody-evaluation guidelines, forensic-literacy training for judges, and a mechanism for appointing psychological experts in ḥaḍānah proceedings.

Item Type:	Journal Article
Keywords:	ḥaḍānah; forensic psychology; best interests of the child; religious courts; islamic family law
Subjects:	17 PSYCHOLOGY AND COGNITIVE SCIENCES > 1701 Psychology > 170104 Forensic Psychology
Divisions:	Faculty of Psychology
Depositing User:	Dr Fathul Lubabin Nuqul
Date Deposited:	14 Oct 2026 07:55

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