PEMBERIAN HAK ASUH ANAK DALAM PERCERAIAN KARENA PERALIHAN AGAMA (MURTAD)

Divorce due to apostasy causes child custody issues, is religion or the welfare of a priority? This study qualitative normative legal research with juridical approach and case approach. Primary data in this are seven decisions Religious Courts regarding divorce by apostate parents determination custody. paper focuses on examining (1) judges' considerations determining children apostasy, (2) patterns granting apostasy. results The judge considers conditions parties three priority for custody, namely Islam, morals, ability care children. pattern (a) Islam becomes requirement (b) if Islamic requirements not met, then moral benefit will be prioritized. panel judges analyze both determine what best child, even though given parent.