Child Protection in Islamic Law regarding Custody and Guardianship

Abstract

The main problem in child protection related to guardianship and custody is the frequent occurrence of unclear caregiving status due to parental conflicts, inconsistencies in fulfilling responsibilities, differences in the interpretation of Islamic law, as well as unequal socio-economic conditions, which often result in the best interests of the child are often neglected. This study aims to analyze the concept of child protection in Islamic law through the perspective of custody (hadhanah) and guardianship (wilayah), as well as to examine the relationship between the two in ensuring the best interests of the child in a contemporary social context. This research uses a qualitative method with a library research approach sourced from classical and contemporary literature, such as fiqh books, academic books, and relevant scholarly journal articles. The results of the study show that hadhanah and wilayah are two main instruments in the child protection system in Islamic law that have different but complementary functions. Hadhanah plays a role in meeting the physical, emotional, and psychological needs of the child, while wilayah relates to legal authority in making strategic decisions that impact the child's future. The interconnection between the two reflects a protection system that is holistic and oriented toward the principle of the best interests of the child. In the context of contemporary society, this concept remains relevant because it has the flexibility to respond to the dynamics of modern families, divorce, technological developments, as well as the socio-economic conditions of society. This study also shows that the integration of normative Islamic legal values and a contextual approach is key to optimizing child protection. This study is expected to contribute to the development of Islamic family law that is more responsive to the needs of modern society.