Educational Analysis of Jurisprudential Rule of Child Custody

his article examines and analyzes child custody from a juridical perspective. Using a descriptive-analytical method, the article seeks to explain child care and custody aimed at protecting his interests in accordance with the teachings found in reliable jurisprudential and educational sources. What emerges from jurisprudential sources is that custody is divinely ordained and it is obligatory on the guardians to protect the child. The necessity of taking care and custody of the child is based on his best interest and the need to educate him under the supervision of a caring and dependable person so that he does not suffer any harm. The conditions suggesting who is entitled to take custody on priority basis are the proof that the physical, mental and emotional upbringing of the child is the main goal of custody and is the focus of Islam's Sharīʿa law. Therefore, when there are signs of the custodian's incompetence, the custody is immediately transferred to a competent person. Because children without custody and deprived of education is one of the problems of today's society. The problem can be solved from the point of view of jurisprudence and education by taking care of them from the first days of birth.