BATAS BERAKHIRNYA MASA PENGASUHAN ANAK BAGI IBU

Perbandingan Pendapat Mazhab Mālikī dan al-Syāfi‘ī

Abstract

Parenting (ḥaḍānah) is the essence of a child's survival. Therefore, Islam still requires parenting even if the parents are divorced. Mālikiyyah and Syāfi'iyyah scholars agree that the mother has the specific right to care for the child if they are not married to another man. However, they have different opinions about the limits of the parenting period. It could be legal uncertainty, so the author conducted legal research that formulated two research problems: 1) What is the opinion of Mālikiyyah and Syāfi'iyyah ulama regarding childcare period limits? 2) How do they apply the istinbat method? It is normative legal research that uses a comparative approach. Data was collected using library research methods and then analyzed qualitatively. The author found that according to Mālikiyyah scholars, the end of boys' parenting period is until they reach maturity, and the end of the parenting period for girls is when they get married. Meanwhile, according to Syāfi'iyyah scholars, the priority of mothers' parenting ends when the child is 7-8 years old because the child is already independent. Children have the right to choose whether to remain in the mother's parenting or live under the care of their father. Even though they adhere to hadith, Mālikiyyah scholars also consider benefits, and Syafi'iyyah scholars consider customs ('urf). The author concludes that the opinions of Syāfi'iyyah ulama are more relevant to current conditions.