| Summary: | Hadhanah is a one of the activities of taking care of nursing and educating a child up to grows adult and can support him or herself. In view of Islamic jurisprudence, legal
considerations in deciding the dispute hadhanah is the benefit of the child, not the mother or father. Which party is deemed feasible and can ensure the welfare of the child, then that should be stated that the right to hadhanah. The principle on which this hadhanah is based can be found in Qur�an, in the Surrah Al-Baqarah 233. Besides in Qur�an, the case of hadhanah can also can be found in the hadist of the prophet. Section 105 of the Islamic Law Compilation explicitly also discusses this hadhanah.
To study the various problems above, research conducted using a normative judicial method that is where research is more focused on the research literature and legislation. Research conducted at the High Court of Jakarta Religious, conducted interviews to obtain data on Jakarta Religious Superior Court Judge. The results of the research show that The determination of mumayyiz by Compilation of Islamic Law by the limit of age 12 years old is not an absolute limitation. A judge, who reconciled the dispute of children nurture underage of 12 years old, can evaluate whether the children have been mumayyiz, where in the evaluation then will determine the attitude of judge finally for giving the right towards the children to select the nurture by their mother or father.
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