Muanam, M.Khoirul (2010) AKIBAT PERCERAIAN TERHADAP HAK ASUH ANAK(Studi Perbandingan antara Perspektif Fiqih Islam Dan Hukum Positif. Other thesis, University of Muhammadiyah Malang.
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Many cases of struggling because unclear in law about the right to take care of child after divorce making a serious problem, based on the reality, the writer of this thesis make a research title of EFFECT OF DIVORCE TO RIGHTS TAKE CARE OF CHILD (comparative study. on Islamic law and Positive Law perpective) and formula making of is problem of ; the equation and difference of divorce effect to rights take care of child on Islamic law and positive law perpective. The method in the research is normative yuridis. Source of data in this research is primary data, sekunder and is tertiary. Technical analyse of the data weared by data analysis qualitative., while analysed by deductive and comparative. With the research, found the equation of concept in fiqih Islam and positive law : (1) Obliging to spouse secondhand to fulfill necessity of child. (2) Mother have rights take care in advance than father. (3) Child which can to choose to be given free rein to choose follow its mother or its father. The difference medium there: In Islamic law arranged to regarding; (1) Conditions to one who will take care of. (2) Ms. in fiqih Islam have freedom to waive to to take care of with reason of able to be agreed. (3) Definition old age child which is mothered in Islam determined until mumayyiz, and (4) Concerning process which must pass by a child to choose between mother or its father given theright to take care of the child.
|Item Type:||Thesis (Other)|
|Subjects:||K Law > K Law (General)|
|Depositing User:||Rayi Tegar Pamungkas|
|Date Deposited:||14 May 2012 02:38|
|Last Modified:||14 May 2012 02:38|
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