EXECUTION OF RELIGIOUS JUDICIARY IN CHILD CUSTODY

Abstract

Religious Courts are one of the state courts with the jurisdiction to resolve civil disputes including cases of child custody for Muslims but several pros and cons have been attached to the execution or final settlement stage. This study was conducted to determine the legal basis for the execution of child custody and legal action required in a situation the child is hidden or unwilling to be under the plaintiff's care or control. It was conducted as normative legal research with a focus on the secondary data obtained from religious courts’ decisions on child custody cases. Both primary and secondary data were collected and analyzed qualitatively using legislation, case, and analysis approaches. The results showed the execution is usually basically to ensure a better future for the child. This, therefore, means it is possible to execute the decision of the religious court regarding child custody voluntarily and based on kinship.