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Journal : Legal Protection for the Partnership Agreement Parties

Review of Maqāsid al-Syarī'ah Concerning the Fulfillment of Child Rights Post-Divorce in Budi Aji Village, Simpang Pematang District, Mesuji Regency Rahmat Hidayat; Jayusman Jayusman; Efrinaldi Efrinaldi; Rita Sari
Al-Risalah Vol 22 No 2 (2022): December 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i2.1254

Abstract

Divorces is often lead to multiple violations of children's rights due to parental conflicts. Therefore, this research reviewed maqāsid al-syarī'ah on the fulfillment of children's rights after divorce in Budi Aji Village, Simpang Pematang District, Mesuji Regency. It was field research and employed a descriptive qualitative method. Data were gathered by observation, in-depth interviews, and documentation, and accompanied by inductive analysis. Subsequently, this research found that the fulfillment of children's rights following parental divorce in the village has been sub-optimal. The majority of fathers are unemployed and unable to fulfill their obligations of providing a living, attention, and affection for children. The contributing factor is the fathers’ irresponsibility, which impedes the achievement of maintenance benefits to the children’s life (hifz an-nafs). These findings may have implications for the need to increase the understanding of divorced parents regarding the fulfillment of children's rights and the importance of the role of the extended family in ensuring offspring are not neglected.