Critical Analysis of Maslahah Theory Parental Conflict with Mental Disorders (Analysis of the Four Madzhabs and Compilation of Islamic Law)

Abstract

Children are a trust that parents must take care of from the age of infant to adulthood, under certain conditions if in a household experiences a separation or problem, the obligation to care remains the responsibility of both parents, but what if certain conditions such as one of the parents have a mental disorder (People in mental disorders), how Islamic law sees and resolves this case. In the author's research using descriptive, normative and comparative methods by examining data sourced from library research, the findings of the study show that in the condition of people with mental disorders do not have the right to be hadhanah, article 109 states that religious courts can revoke a person's guardianship rights at the request of his relatives if the guardian is a drunkard, gambler, wasteful, insane and/or negligent or abusing his rights and authority as a guardian for the benefit of the person under his guardianship. The fourth opinion of the same madhhab requires reason as a part of being able to become hadhan. In madhhab As-Shafi'i hadhan, reason is the first condition. Where a crazy person does not have the right to take care of a child, unless the madness is not severe and not frequent. For example, once a year. Meanwhile, the hambali, maliki, and hanafi madhhabs absolutely require reason and there is no custody for the insane. This is in accordance with the concept of maslahah theory where the transfer of the right of hadhanah of parents with mental disorders to other relatives who are more perfect in their intellect can reduce the lack of bad influence on the child they will be cared for.