scholarly journals ADOPSI DAN PEMELIHARAAN ANAK DALAM HUKUM ISLAM

2021 ◽  
Vol 13 (1) ◽  
pp. 1-19
Author(s):  
Syaifullah MS ◽  
Sarfika Datumula
Keyword(s):  
Islamic Law ◽  
Adopted Children ◽  
Adopted Child ◽  
Sharia Law ◽  
Good Deed ◽  
Legal Position ◽  
The Right ◽  
Husband And Wife

Adoption of children is one of the noble ways for couples who have not been blessed with children. The presence of an adopted child is expected to fill the   lonely days of husband and wife, even sometimes many couples make their adopted children as a "lure" so that later they will have their own child. In Islamic law, in principle, an adopted child is not prohibited as long as it involves nurturing, educating and caring for him/her, however, the adopted child is not considered to become the heir or obtain inheritance if it is connected or associated with his/her legal position in Islamic law. Child is a person who must be protected from everything that can make it difficult for him/her, to be able to provide a good deed done by his/her parents, and with Hadhanah (the right to custody of a child under Sharia Law), it is very important that this Hadhanah is handed over to the mother because it is a job that requires a lot of responsibility and persistence in doing so.

Induced Lactation by Adoptive Mothers: A Case Study

2014 ◽  
Vol 68 (1) ◽  
Author(s):  
Zilal Saari ◽  
Farahwahida Mohd Yusof
Keyword(s):  
Breast Milk ◽  
Islamic Law ◽  
Structured Interview ◽  
Adopted Children ◽  
Adopted Child ◽  
Adoptive Mothers ◽  
Breast Pump ◽  
The Right ◽  
The Relationship

Induced lactation is a method of stimulating breast milk, carried out by non-pregnant women. It is an alternative for women who are unable to have children naturally but wish to experience motherhood by adopting. In Islamic laws, breastfeeding by a woman of another person’s child will turn their relationship into that of a mother and her own child. The permissibility in Islamic law of breastfeeding another person’s child has been taken as an alternative way for adoptive Muslim mothers to “mahram”ise (a male/female who is forbidden permanently, forever) (or familiarize) the relationship with that adopted child. The objective of this study is to explore the experience of adoptive mothers who have breastfed their adopted children through the method of induced lactation. This study focuses on the technical aspects, on how an adoptive mother stimulates the production of breast milk despite not having gone through the process of pregnancy. This study uses the qualitative study method. This study interviewed 12 respondents comprising of Muslim females who had successfully nursed their adopted children before the age of two and fulfilled the requirement to nurse the child until he is fully satisfied for five sessions. The semi structured interview technique was carried out over a 6 months period between the years 2012 to 2013. Data analysis discovered that two methods of induced lactation were performed, i.e., hormone simulation and breast stimulation. This study also found two devices used in the process of breast stimulation, which are Supplemental Feeding Device and Breast pump. In summary, the process of induced lactation to nurse an adopted child can be a success with the right method, technique and equipment.

scholarly journals HARTA WARIS PADA ANAK ANGKAT MENURUT KOMPILASI HUKUM ISLAM DI PENGADILAN AGAMA SAMARINDA

LEGALITAS ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 1
Author(s):  
Abdul Rokhim
Keyword(s):  
Islamic Law ◽  
Adoptive Parents ◽  
Adopted Children ◽  
Inheritance Law ◽  
Humanitarian Mission ◽  
Biological Parents ◽  
Legal Position ◽  
The Right ◽  
To Receive ◽  
General Adoption

In general, adoption according to law is the transfer of a child to adoptive parents from the biological parents in its entirety and is carried out according to legal local customs. So, the biological parents have let go of the child, and the responsibility shifts to the parents who adopted him. Although the Qur'an does not give adopted children the right to inherit from their adoptive parents, this is regulated in the Compilation of Islamic Law which is a human product from various schools of thought and made as a source of law in our country by providing provisions. that adopted children are entitled to receive a share of the inheritance.The legal position of the adopted child will result in that in general the child will have an inheritance relationship with the adoptive parents and inherit from the original parent will be removed based on Article 209 Paragraph 2 Compilation of Islamic Law (KHI), adopted children who do not receive a will will be given mandatory will. The position of adopted children according to Islamic inheritance law is not getting their inheritance rights from their adoptive parents, but still as legitimate children based on a court decision by not deciding the lineage / blood with their biological parents, because the principle of adoption according to the Islamic Law Compilation is a manifestation of faith that carrying a humanitarian mission that is manifested in the form of maintenance in its growth and development by fulfilling all its needs.Regarding the distribution of inheritance in the Compilation of Islamic Law Article 209 paragraph (2) for adopted children who do not receive a will but are given what is called a will, obligatory maximum of 1/3 (one third) of the inheritance of their adoptive parents, as stated in Article 195 paragraph (2) will allow a maximum will of only 1/3 of the inheritance unless all the heirs agree.

scholarly journals PENGANGKATAN ANAK DALAM PERSPEKTIF HUKUM ISLAM

2020 ◽  
Vol 1 (2) ◽  
pp. 128-140
Author(s):  
Erha Saufan Hadana Hukum Islam
Keyword(s):  
Islamic Law ◽  
Adoptive Parents ◽  
Adopted Children ◽  
Biological Child ◽  
Left Behind ◽  
The Right

This research was written with the background to find out how Islamic law responds to the issue of adoption, the rights obtained by adopted children and their position in inheritance. This research is a normative juridical research based on library data. The results of the study found that adoption in the perspective of Islamic law does not recognize adoption which makes it an absolute biological child, but the fulfillment of their rights such as clothing, food and education must still be fulfilled by adoptive parents. Regarding the position in inheritance, the child does not have the right to the inheritance of the adoptive parents, but may get a will not more than one third (1/3) of the assets left behind.

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>

An analysis of the right of Muslim adopted children to inherit from their deceased parents in terms of the law of succession: A South African case study

2021 ◽  
Vol 8 (2) ◽  
pp. 63-73
Author(s):  
Muneer Abduroaf
Keyword(s):  
South African ◽  
Islamic Law ◽  
Legal Framework ◽  
Adopted Children ◽  
The South ◽  
Legal Context ◽  
Muslim Children ◽  
The Status ◽  
The Right ◽  
Law Of Succession

This paper analyses the right of Muslim adopted children to inherit from their deceased parents in terms of the laws of succession within the South African legal context. The status of adoption in South African and Islamic law is looked at first by way of an introduction. This is followed by looking at the rights of adopted Muslim children to inherit from their deceased parents (biological and adoptive) in terms of the South African and Islamic laws of intestate (compulsory) and then testate (optional) succession.1 The paper further looks at the possibility of applying relevant Islamic law of succession provisions applicable to enable adopted Muslim children to inherit from the estate of their deceased biological parents within the South African legal framework. The paper concludes with an analysis of the findings and makes a recommendation.

scholarly journals ANAK ANGKAT DALAM HUKUM KEWARISAN ISLAM DAN HUKUM PERDATA

2020 ◽  
Vol 2 (1) ◽  
pp. 101
Author(s):  
Nur Aisyah
Keyword(s):  
Family Member ◽  
Islamic Law ◽  
Civil Law ◽  
Adoptive Parents ◽  
Adopted Children ◽  
Best Interest ◽  
Adopted Child ◽  
Applicable Law ◽  
Biological Children ◽  
The Status

AbstractThe issue of adoption has been determined in Islamic law and civil law. Where both legal instruments state that the adoption of a child is something that is allowed as long as it is in the best interest of the adopted child. However, problems arise regarding adoption of children associated with inheritance issues. In Islamic law and civil law have different provisions. In Islamic law the status of adopted children can’t be equated with biological children so that they can’t receive inheritance from their adopted parents. However, the adopted child is entitled to get a will from his adoptive parents provided that no more than one-third of the assets of the adoptive parents. Whereas according to the law code of civil law states that the adopted child as a family member can get the inheritance from the adoptive parents based on the provisions of the applicable law (ab instestato) or with a will (testament).Keywords: Adopted Children, Civil Law, Inheritance, Islamic Law, Mandatory Wills.AbstrakPersoalan pengangkatan anak telah ditentukan dalam hukum Islam dan hukum perdata. Dimana kedua perangkat hukum tersebut menyatakan bahwa pengangkatan anak adalah sesuatu yang diperbolehkan selama demi kepentingan terbaik bagi anak angkat. Akan tetapi muncul persoalan terhadap pengangkatan anak yang dikaitkan dengan persoalan waris. Dalam hukum Islam dan hukum perdata mempunyai ketentuan yang berbeda. Dalam hukum Islam status anak angkat itu tidak dapat disamakan dengan anak kandung sehingga tidak dapat menerima harta warisan dari orang tua angkatnya. Meskipun demikian, anak angkat tersebut berhak mendapatkan wasiat dari orang tua angkatnya dengan ketentuan tidak boleh lebih dari sepertiga harta kekayaan orang tua angkat. Sedangkan menurut kitab undang-undang hukum perdata menyatakan bahwa anak angkat sebagai anggota keluarga dapat memperoleh harta warisan dari orang tua angkatnya berdasarkan ketentuan undang-undang yang berlaku (ab instestato) ataupun dengan adanya surat wasiat (testament).Kata Kunci : Anak Angkat, Hukum Islam, Hukum Perdata, Warisan, Wasiat Wajibah.

scholarly journals WASIAT TERHADAP HARTA PENINGGALAN UNTUK ANAK ANGKAT DIPANDANG DARI HUKUM ISLAM

2018 ◽  
Vol 3 (2) ◽  
pp. 167
Author(s):  
Ade Kurniawan Akbar
Keyword(s):  
Distribution System ◽  
Islamic Law ◽  
Adoptive Parents ◽  
Adopted Children ◽  
Legal Research ◽  
Adopted Child ◽  
Left Behind ◽  
The Way

Abstract: Islamic jurists suggest that a will is ownership based on a person who declares a will died in the way of goodness without demanding compensation or tabarru '. In Islamic law, adopted children are not heirs, so if the adoptive parents die, the adopted child does not get a heritage. However, of course this is not fair for adopted children who are like their own children by their adoptive parents. For this reason, a will for the adopted child is needed to obtain the inheritance of the adoptive parents. The purpose of this study, namely: 1). To study and explain the provisions of Islamic law regarding testaments to inheritance. 2). To study and explain the provisions of Islamic law regarding testaments to inheritance for adopted children. This type of research belongs to the category of normative legal research. Conclusion, Many inheritance that can be inherited for adopted children is as much as 1/3 of all assets left behind, where the assets are in the distribution system that before the distribution of inheritance to the heirs is carried out, the obligatory will must be fulfilled first. In the division of obligatory wills, which have been determined according to Islamic law, what must be considered is that the part of the adopted child is a third part and must not exceed the minimum portion received by the heirs.Keywords: testament, adoption, inheritance

scholarly journals Konsep Waris Anak Angkat dalam Wasiat Wajibah Perspektif KHI dan Prof. Wahbah Zuhaili

2021 ◽  
Vol 1 (3) ◽  
pp. 232-239
Author(s):  
Nur Farikha ◽  
M. Ali Syaifudin Zuhri
Keyword(s):  
Research Method ◽  
Analytical Approach ◽  
Islamic Law ◽  
Positive Impact ◽  
Adoptive Parents ◽  
Adopted Children ◽  
Adopted Child ◽  
The Public ◽  
The Will ◽  
Legal Consequences

When a human couple performs a marriage, then both are not blessed with a child. One way for the couple is to adopt a child, the law is fine as long as it fulfills the conditions prescribed by religion. This was done by the Prophet Muhammad. Adoption of children must meet state requirements, namely through court channels. Because something related to the rules certainly has a positive impact on the public, namely maslahah ummah. There are several legal consequences when someone is adopted as a child, one of which is if one of the adoptive parents or the adopted child has died there is an appreciation given by one of them. The author conducted this research to describe the concept of wills for adopted children in the distribution of inheritance according to KHI and Prof. Wahbah Zuhaili. The author in this study uses the analytical approach research method, namely an approach that is carried out by analyzing the thoughts of a character in this case Prof. Zuhaili, and its comparison with KHI. The conclusion found in this study is the wills of the compulsory will be something very new in Islam, especially when it comes to adopted children. Therefore, the concept of inheritance for adopted children is in the form of a mandatory will, which has been stipulated in the Islamic Law Compilation that a will when it is not disclosed by the adoptive parents, the adopted child will still receive a will, at most a third of the assets of the adoptive parents. Meanwhile, Prof. Wahbah Zuhaili stated that the will is obligatory for relatives and parents (people who are related by blood) because they are prevented from inheriting.

PENGATURAN PELAKSANAAN PASAL 209 KOMPILASI HUKUM ISLAM TENTANG WASIAT WAJIBAH TERHADAP ANAK ANGKAT MELALUI AKTA YANG DIBUAT NOTARIS DALAM BENTUK NOTARIIL

Jurnal Akta ◽  
2017 ◽  
Vol 4 (3) ◽  
pp. 433
Author(s):  
Yanuar Dwiyan Putra ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Islamic Law ◽  
Adoptive Parents ◽  
Adopted Children ◽  
Adopted Child ◽  
Inheritance Law ◽  
Basic Law ◽  
The Will ◽  
Notary Public ◽  
Legal Consequences ◽  
Mandatory Provision

Research on "Implementation Arrangement of Article 209 Compilation of Islamic Law About Testament Required To Child Lift Through Notary Act Notarized In Notarial Form" aims To know and analyze the basic law of mandatory testament to adopted child in terms of Islamic inheritance law and Compilation of Islamic Law, To know and analyzing the legal consequences of the mandatory provision of the adopted child, To know and analyze the notary's responsibility as a mandatory certificate deed for adopted children.The basis of the law of provision of natural must must be preceded by the love and affection of adoptive parents to adopted children, so that parents want to be fair to their adopted children. The will is basically only given to the heirs who do not receive the inheritance due to being heaved by the heirs who are closer to the heirs. Provision of a mandatory will to an adopted child if it is based on Article 209 paragraph (2) of the Compilation of Islamic Law shall not cause any legal consequences resulting in a dispute between the adopted child and the principal heir of the heir. Because in Article 209 paragraph (2) Compilation of Islamic Law explains "Against adopted child who does not receive will is given a will as much as 1/3 of the inheritance of his adoptive parents". Notary besides being responsible in making the deed of will is also responsible in its implementation.Keywords: Wills Wajibah, Adopted Children, Compilation of Islamic Law, Notary Public

scholarly journals KEDUDUKAN JANDA MURTAD DALAM PEMBAGIAN WARIS ATAS HARTA PEWARIS (SUAMI)

2019 ◽  
Vol 19 (2) ◽  
pp. 214
Author(s):  
Qisthina Armalia Hirzi ◽  
Ani Setiawati ◽  
Afdol Afdol
Keyword(s):  
Case Studies ◽  
Islamic Law ◽  
Adopted Child ◽  
The Right

<p><em>The research entitled "Apostate Widow’s Position In Sharing Her Heir’s Property</em><em>",withthe problem of an apostate wife, so that it is necessary to question the right of an apostate widow to the property of the heir (husband), related to the obligatory will. Research based on legislation and case studies can obtain a conclusion that obligatory wills are known in Islamic law given to people who are not heirs because there is no blood relationship with the testator or because he is an heir but for some reason it is not recognized as an expert inheritance. people who have close relations with the testator but are not heirs because there is no blood relationship with the heir, including the adopted child. Widows according to Islam Law Compilation Book</em><em> are heirs, although not because of blood relations, but if the widow is an apostate, then she is </em><em>not as an heir, therefore the widow gets a part of the heir's assets but in the form of a mandatory will.</em></p>

Sign in / Sign up

Export Citation Format

Share Document