PERLINDUNGAN HUKUM TERHADAP ANAK DAN PEREMPUAN PASCA PERCERAIAN

Abstract

This study aims to examine the implementation of parental rights and protection in the context of violence against children in Kotamobagu City, with an emphasis on the relationship between normative legal knowledge in Islamic law and social reality. Divorce often causes prolonged conflicts between ex-spouses that negatively impact the child, both physically and psychologically. This study uses normative and qualitative analysis methods to understand the implementation of law in relation to social and psychological factors. The results show that neglect of children's and parents' rights often occurs due to lack of legal knowledge, unstable mental conditions, and weak social and community support. These findings affirm the importance of a holistic approach based on maqāṣid al-syarī'ah that pays attention to the psychological, spiritual, and social dimensions in the determination and protection of rights. In addition, it is necessary to strengthen legal protection through education, regulatory socialization, and consistent law enforcement. This research contributes to the development of Islamic family law that is adaptive to the dynamics of contemporary society, while emphasizing the need for synergy between legal institutions, religious institutions, and society in realizing optimal protection for children and women after divorce.