Analisis Dampak Perceraian terhadap Pemenuhan Hak Anak dalam Perspektif Hukum Perdata Islam: Studi Kasus di Pondok Pesantren Muhammadiyah Darul Arqam Patean

Abstract

Divorce is a social phenomenon that has complex impacts, not only on married couples, but also on children as psychologically, socially, and educationally vulnerable parties. This research aims to analyse the impact of divorce on the fulfilment of children's rights, especially in the context of Islamic civil law, with a focus on female students studying at the Muhammadiyah Darul Arqam Islamic Boarding School in Patean, Kendal Regency. The research method used is a qualitative approach with a case study design. Data collection techniques include in-depth interviews, observation, and documentation. The results showed that although children's material rights, such as basic needs and education costs, were still largely fulfilled after the divorce, the psychological and moral impacts were very significant. Children show symptoms such as loss of learning focus, daydreaming behaviour, as well as decreased academic motivation and social morality. In some cases, children actually show an increased enthusiasm for learning as a form of compensation for family conditions that are not intact. The perspective of Islamic civil law through the concept of hadhanah emphasises the importance of the maintenance and protection of children after divorce, both physically and emotionally, which is the responsibility of both parents. This research recommends the need for an active role from pesantren, educational institutions, and religious authorities in assisting children victims of divorce so that their rights are not neglected, as well as encouraging parents' awareness of their legal and moral responsibilities towards children. The findings make an important contribution to strengthening child protection within the framework of Islamic law and the context of pesantren-based education.