حضانة الأم المتزوجة من أجنبي عن المحضون : دراسة فقهية تحليلية في ضوء قانون الأسرة الإسلامية بولاية ترنجانو

Abstract

This research aims to explain the ruling on the custody of a mother married to a non- relative of a child from two perspectives: the perspective of Islamic jurisprudence and the perspective of Islamic family law in the state of Terengganu. The researcher reviewed legal materials related to maternal custody and analysed the issues associated with them. The family may face various problems, resulting in conflict between spouses that negatively affects its stability, resulting in family disintegration. This impact extends to the interests of the children and matters related to alimony and custody. A dispute arose between the parents over their rights to custody of the children. A mother who holds legal custody of her children may refuse to marry a non- relative of the child because she fears of losing her right to custody of her children, but the Islamic Family Law of the State of Terengganu decided that her right does not lapse simply by marriage. This research will highlight the validity of Islamic Family Law to confront problems between parents in claiming the right to custody of children. The researcher employed both the inductive and analytical approaches by examining and analysing the relevant material on maternal custody in jurisprudential books, and by consulting the opinions of scholars. The researcher also analyzed cases related to maternal custody in the Sharia Court in Terengganu. This research has reached results, perhaps the most important of which is that the right of custody of the children remains for the mother married to a non- relative of a child in custody if it does not affect the welfare of the child in order to preserve the welfare of all parties due to the existence of the relationship between their welfares. This is in accordance with the regulations prescribed by Islamic law.