Prioritas Hak Asuh Anak Usia Pra Tamyiz dalam Perspektif Psikologis dan Hukum Islam

Abstract

This study examines child custody (hadhanah) during the pre-tamyiz period from the perspective of Islamic law and child development psychology. This issue is important because the pre-tamyiz period is a critical phase during which children greatly require consistent love, attention, and emotional guidance, particularly in situations of parental divorce. In the context of Islamic law, child custody at this stage is generally granted to mothers due to the natural maternal capacity to provide tenderness, attention, and intensive care to children.

This study employed library research with a qualitative-descriptive approach. Data were obtained through a review of Islamic jurisprudence (fiqh), tafsir (community interpretation), hadith (traditional Islamic tradition), and modern academic literature discussing hadhanah and child psychology. This approach was used to identify the congruence between Islamic legal perspectives and psychological studies regarding the priority of child care during the pre-tamyiz period.

The research results show that the majority of Islamic scholars agree that mothers have greater rights to custody of pre-tamyiz children, as explained in the hadith of the Prophet Muhammad (peace be upon him) and Article 105 of the Compilation of Islamic Law (KHI). This consideration is based on the child's need for affection and emotional stability, which mothers can better fulfill. From a psychological perspective, mothers play a primary role in fostering emotional attachment, a sense of security, and the development of a child's character at an early age.

Therefore, this study concludes that, both in Islamic law and psychology, custody of pre-tamyiz children should be prioritized by mothers to ensure optimal fulfillment of the child's emotional and psychological needs and wellbeing.