Between the Principles of Religion and Universal Justice: A Study of Judges' Opinions in the Matter of Hadhanah for Parents of Different Religions

Abstract

This research aims to explore the views and considerations of judges at the Tondano Religious Court and the Parigi Religious Court regarding Hadhanah cases involving parents of different religions. The research method used is a qualitative approach, applying case study analysis and in-depth interviews as data collection instruments. Apart from that, content analysis was also applied to complement the data obtained from interviews. The results of this research reveal that the views and considerations of judges in both courts are not completely influenced by their respective regions' religious and cultural contexts. At the Tondano Religious Court, judges tend to combine the principles of Islamic civil law in Indonesia with views on family values and morality. The same thing is also applied at the Parigi Religious Court where the judge focuses on the principles of Islamic civil law in making decisions regarding hadhanah cases. However, both face challenges in achieving a balance between religious values the principles of social justice, and individual human rights in the case. Challenges faced by both courts accommodating religious views and cultural values in binding legal decisions. Decision-making that considers these two aspects Decision-making complex, considering the importance of maintaining the integrity of religious principles while upholding the values of universal justice. This research provides a deeper understanding of the dynamics of judges' decision-making in Hadhanah cases as well as decision-making society and the implementation of religious law principles.