Child custody is a term used in court to decide which party will get the right to care for a child.
The rules regarding child custody holders are outlined in the Compilation of Islamic Law (KHI). In Article 105 of the Compilation of Islamic Law, the care of children who are not mumayyiz or under 12 years old is the mother’s right. When the child is 12 years old, the child will choose between his father or mother as the holder of custody. Even though it is determined that custody of children under 12 years of age falls to the mother, there are several exceptions that can make the judge decide and determine that the child’s custody rights fall to the father.
Child custody lawsuits are filed with the religious court or district court. For those who are Muslim, the divorce process, including child custody lawsuits, is carried out in religious courts. Meanwhile, for those who are not Muslim in district court.