For the Sake of Protecting Physcal Needs: Maqasid Sharia Perspective Toward Judges Consideration on Child Custody

In Islamic law, for a child who has not been mumayyiz, their custody falls in the hands of mother. If then is given right to choose and determine care him. However, judge Panyabungan Religious Court decides mumayyiz father. This study aims analyze judge’s considerations determining Using normative philosophical approach by using Maqasid Sharia theory, this employs qualitative methodology examine consideration. As results study, firstly, consideration stipulating father maintain child’s physical growth. Second, author believes that determines whom granted should prioritize existence religion over soul. It means priority one parents with better religion, behavior, association than prioritizing child's needs.