The Principle of the Child’s Best Interests in Custody and Post-Divorce Care

Abstrak

This article presents a conceptual discussion of hadhanah and child care after divorce in Islamic family law. It examines how the principle of the best interests of the child provides a central normative reference for determining custody arrangements and organising daily care. The discussion outlines classical and contemporary views on the allocation of custody rights according to the age and developmental stage of the child, while considering the need for flexibility when courts face diverse family situations. Particular attention is given to judicial reasoning in custody disputes, including the consideration of religion, gender relations, extended family support, and the psychological well-being of the child. The article argues that custody orders should be treated as a trust combining rights and obligations, rather than as a simple legal entitlement for parents. By linking religious norms, state regulation, and child rights standards, the paper offers a framework that can support more child centred decisions in divorce cases and guide future empirical and doctrinal research in Islamic family law.