Mechanisms for Child Protection with Focus on Child Custody: Islamic Law and Case Studies of Pakistan and Jordan

2015 ◽  
Author(s):  
Muhammad Munir
Keyword(s):  
Case Studies ◽  
Child Protection ◽  
Child Custody ◽  
Islamic Law

The Dilemmas of Islamic Bioethics in the Twenty-first Century

2011 ◽  
Vol 28 (1) ◽  
pp. 45-75
Author(s):  
Dr. Anke Iman Bouzenita
Keyword(s):  
Brain Death ◽  
Medical Care ◽  
Case Studies ◽  
Islamic Law ◽  
Life Sciences ◽  
First Century ◽  
Islamic Bioethics ◽  
Islamic World ◽  
Twenty First Century

The current discourse on bioethical questions often reveals a certain patchiness or seeming inability to answer contemporary bioethical problems within an Islamic epistemological paradigm. Attempting to analyze the causes of this phenomenon, the author describes the decontextualization of Islamic concepts from a background of secularized medical care and the ethics in the Islamic world—as well as the estrangement due to these questions of Islamic law from its holistic framework of application as a pervasive phenomenon, which brought about the dilemmas of bioethics in the twenty-first century. The author discusses chosen bioethical case studies in this light, with a focus on the concept of brain death. Doing so, the author takes into consideration the paradigmatic relationship between science, bioethical models, and the implications of the relevant different worldviews. The author shows how constructed realities related to the life sciences have been imported from the secular setting into an already estranged Islamic context to be answered, and describes the evolving dilemmas that make Islamic bioethics appear like a stranger moving in a strange land.

scholarly journals Hukum Waris terhadap Anak Adopsi dalam Perspektif Islam

2020 ◽  
Vol 7 (1) ◽  
pp. 94-106
Author(s):  
Muhammad Lutfi Syarifuddin
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Adoptive Parents ◽  
Customary Law ◽  
Best Interests ◽  
Adopted Children ◽  
Inheritance Law ◽  
Law System ◽  
Biological Parents ◽  
The Family

In practice, in Indonesia children adoption has become a public phenomenon in society and is part of the family law system because it involves individual interests in the family. In the case of adoption, parents need to pay attention to the best interests of the child and be implemented based on local customs, applicable laws and regulations, this has been regulated in Article 39 of the Child Protection Act. Adoption of children is divided into two types, namely adoption of children between Indonesian citizens (domestic adoption) and adoption of Indonesian citizens by foreign citizens (adoption between countries). Appointment of children must be done by legal process, through the establishment or decision of the Court. The research method is normative juridical research. Based on the research results, the inheritance Indonesian citizens rights in the Indonesian inheritance law case are implemented based on Islamic law, adopted children do not inherit from adoptive parents and remain the biological parents. Under customary law, the inheritance of adopted children depends on customary law in the area. By law adoption children do not inherit from adoptive parents, and adopted children remain the heirs of their biological parents.

scholarly journals Akibat Hukum Pengangkatan Anak menurut Undang-Undang Nomor 23 Tahun 2002 tentang Perlindungan Anak

2019 ◽  
Vol 6 (1) ◽  
pp. 14
Author(s):  
Adawiyah Nasution
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Legal Protection ◽  
Field Research ◽  
Adoptive Parents ◽  
Primary Data ◽  
Adopted Children ◽  
Legal Provisions ◽  
The Right

<h1>The purpose of this study is to assess the legal provisions of the children under Law No. 23 of 2002 and to explain the consequences of the child's adoption law. In addition, to know the legal protection of adopted children under the Child Protection Act is reviewed from Islamic Law Preformance law Practice in Indonesia. To examine the matter, a descriptive study was conducted with a normative juridical approach that was conducted only on the written rules. The collection of data is derived from the literature research and supported field research studies on the appointment of Court and Civil registry office. Primary data collection tools are informant with the interview guidelines whereas data analysis is done with a qualitative approach using the logical and inductive thinking logic in the field of law. In the content of this article shows that, firstly, the consequences of child adoption generally arise with the appointment of a court by not deciding the adoption of adopted children with their biological parents, which switching is the right of custody. In the case of inheritance, the appointment of children based on the determination of the Court of Justice is entitled to the inheritance of his adoptive parents based on wills. Thirdly, with the determination of the adoption of children from the courts, the consequence is the protection of adopted children can be assured of the custody of the law and the inheritance of its adoptive parents.</h1><h1> </h1>

Negated Agency, Silenced Voice, and the Continued Negotiations in the Spaces Within

2020 ◽  
pp. 311-339
Author(s):  
Khushboo Jain
Keyword(s):  
Case Studies ◽  
Child Protection ◽  
Child Labour ◽  
The State ◽  
Labour Law ◽  
Child Rights ◽  
Child Agency

Childhood is believed to be a stage that requires protection, both in national and international policymaking realms. This essay looks at a few such intersections where lives of certain ‘categories’ of children have been gravely affected by laws meant for their protection and rehabilitation. Through detailed exploration of the making of the anti-child labour law and the category of railway children, this essay argues that repeatedly rehashed state plans of action to address child labour or children in railways situation are dysfunctional because they have abysmally failed to address it with the depth, diversity, and comprehensiveness required. This essay, touching upon case studies of child labour rescue raids conducted by the state in collaboration with NGOs and ethnographic accounts of children who have been rescued, and children who have defined their life and work in their own ways, attempts to explore how ‘childhood’ and ‘child agency’ have become a contested site between children, the existing state and NGO/legal activist/child rights groups discourses on child protection.

Child Protection in Child Custody Cases: Issues and Concerns

2015 ◽  
pp. 313-333 ◽  
Author(s):  
Stefanie Platt ◽  
Juhayna Ajami ◽  
Nicole Kluemper ◽  
Robert Geffner ◽  
Morgan Shaw ◽  
...  
Keyword(s):  
Child Protection ◽  
Child Custody

Judicial Trends in Child Custody Cases in Bangladesh: Traditional Islamic Law Rules versus Welfare Considerations

2017 ◽  
Vol 12 (2) ◽  
pp. 233-256 ◽  
Author(s):  
Taslima YASMIN
Keyword(s):  
Child Welfare ◽  
Supreme Court ◽  
Child Custody ◽  
Islamic Law ◽  
Judicial Decisions ◽  
The Supreme Court ◽  
Welfare Of The Child ◽  
Personal Law

AbstractIn Bangladesh, disputes over custody and guardianship involving Muslim parties are principally governed by Muslim personal law. There remains a constant dilemma in judicial decisions over custody and guardianship matters as to what should be the paramount consideration in awarding child custody to a party – should traditional Muslim personal law rules or the welfare of the child prevail? The findings of this study indicate that there is a steady but inconsistent trend towards child welfare considerations. However, it cannot conclusively be said that a child’s welfare is now themostdominant, or theonlyconsideration for the courts. Focusing on this shift towards a welfare approach, this article critically examines some of the leading reported judgments of the Supreme Court of Bangladesh on the issue.

scholarly journals TINJAUAN YURIDIS SANKSI ADAT KAILI RAI TERHADAP PELAKU PELECEHAN SEKSUAL

2020 ◽  
Vol 1 (1) ◽  
pp. 37-51
Author(s):  
Moh. Ansar ◽  
Suhri Hanafi ◽  
Sitti Nurkhaerah ◽  
Wahyuni Wahyuni ◽  
Taufan B.
Keyword(s):  
Child Protection ◽  
Research Method ◽  
Islamic Law ◽  
Research Data ◽  
Research Approach ◽  
Sexual Crimes ◽  
Violence Against Children ◽  
Analysis Techniques ◽  
Positive Law ◽  
Second Amendment

The problem of how castration sanctions for perpetrators of crimes of sexual violence against children in the perspective of positive law in Indonesia and how Islamic criminal law views castration as a sanction are the focus of the problem in this study. The research method consists of the type of research, data and data sources, data collection techniques and data analysis techniques using a qualitative research approach. Then, as a result of the research, there are differences in Islamic law among scholars regarding the punishment of castration Law Number 17 of 2016 Regarding the stipulation of PERPU Number 1 of 2016 Second Amendment to Law Number 23 Year 2002 Concerning Child Protection Becomes Law against perpetrators of sexual crimes against children, and Islamic law has stipulated penalties for perpetrators of sexual crimes in detail of the facts of their actions, so they cannot (haram) carry out the type of castration punishment in accordance with the argument, namely the hadith of the Prophet Muhammad saw., which prohibits his companions from being castrated.

scholarly journals The Concept of Patah Titi: The Problem of Inheritance and Its Solution in Aceh Tengah

2019 ◽  
Vol 26 (1) ◽  
Author(s):  
Fauzi Fauzi
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Legal Pluralism ◽  
Customary Law ◽  
State Laws ◽  
The People ◽  
Customary Laws ◽  
Universal Values ◽  
Legal Consequences

This article examines the inheritance issue of patah titi practiced by the people of Aceh Tengah. Patah titi is a state in which one of the aṣḥāb al-furūḍ (obligatory sharers or primary heirs) loses linkage (due to death) to muwārith (the deceased). This study used descriptive analysis and drew upon legal pluralism,which considers the interaction between state laws, customary laws, and religious laws in resolving a case. The findings show that inheritance distribution is implemented in three steps: first, the heir inherits nothing due to the legal consequences of patah titi; second, the heir receives inheritance because they are considered a badl (substitution) of the predeceased heir; third, the heir receives hibah (gift).The last two steps in the settlement of patah titi are derived from various sources, including the Compilation of Islamic Law (KHI), customary law,and the universal values of Islamic law, which consider principles of equity, humanity and child protection.

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