The Existance of a Mandatory Will for Adopted Children in Fiqh and Islamic Compilation Law

This research was conducted to observe the Islamic scholars’ perception on last wills and die. Then for the group of Islamic scholars, who disagree giving legacy to adopted children, stated that the last will and testament in Islamic testaments for adopted children by using normative and empirical juridical methods. The results showed that the ‘ulama’ (islamic scholars) who stated the giving mandatory will to the adopted children do not contradict Islamic Law. This is justified in order to save them from unattended lives if the heir or parents jurisprudence is not solely for adopted children. In fact, wills and testament in Islamic Law distribute other than inheritance. The providing legacy to an adopted child is carried out because it relies on the principle of ‘mashlahah mursalah’ (something benefits other) which is to anticipate the ignorance to adopted child after his adoptive parent dies

Transition à la Parentalité et Fonctionnement Conjugal chez les Couples Infertiles en Tunisie

Objectif.-Evaluer l’impact de l’adoption sur le fonctionnement conjugal des couples infertiles. Méthode.-L’échantillon est composé de 146 participants hétérosexuels (73 couples) répartis en un groupe avec enfant adoptif (GAEA) composé de 30 couples infertiles vivant une parentalité adoptive et deux groupes contrôles ; le groupe avec enfant biologique (GAEB) composé de 30 couples fertiles ayant accès à la parentalité biologique et le groupe sans enfant (GSE) qui comprend 13 couples infertiles sans enfants. Résultats : Le GAEA semble éviter moins la proximité que les deux groupes contrôles et apparaît plus anxieux face à l’abandon uniquement par rapport au GAEB. Il utilise significativement plus la communication mutuelle mais uniquement par rapport au GSE et rapporte davantage des comportements de "Demande-Retrait" par rapport aux deux groupes témoins. De plus, Il est plus satisfait sur le plan conjugal que les deux groupes contrôles. Conclusion: L’étude offre une meilleure compréhension des changements au sein des couples infertiles devenant parents par voie d’adoption et ouvre plusieurs pistes d’investigation. The aim of this study is to assess the impact of adoption on the marital functioning of infertile couples. The sample is composed of 146 heterosexual participants (73 couples) divided into a group with adopted children (GWAC) made up of 30 infertile couples living in adoptive parenthood and two control groups; the group with biological child (GWBC) made up of 30 fertile couples with access to biological parenthood and the childless group (GWC) which includes 13 infertile couples without children. The GWAC seems to avoid proximity less than the two control groups and appears more anxious about abandonment only in relation to the GWBC. He used mutual communication significantly more but only in relation to the GWC and reported more "Request-Withdrawal" behaviors compared to the two control groups. In addition, he is more marital satisfaction than the two control groups. The study offers a better understanding of the changes in infertile couples becoming parents by adoption and opens several tracks of investigation.

IMPLEMENTASI HUKUM POSITIF TERHADAP PENETAPAN WASIAT WAJIBAH BERDASARKAN KEWENANGAN HAKIM PENGADILAN AGAMA

This study aims to provide guidance to religious court judges with their authority in deciding the heirs who are entitled to a mandatory will. So far, mandatory wills are only given to children and adoptive parents, but in its development, mandatory wills can be given to other parties other than adopted children and adoptive parents, including non-Muslim heirs. The method in this study is a normative juridical method. The results of the study explain that the mandatory will is regulated in the Compilation of Islamic Law where the rules are not clearly regulated by the KHI. To resolve the issue of mandatory wills, judges are authorized by law to resolve cases that enter the judiciary by making legal discoveries of cases that do not yet have permanent legal force, such as by carrying out historical understanding seen in a concrete case in which case the case already has regulations. legally binding, but the regulation must be interpreted in its implementation. Interpretation is tried by studying the origin of the formation of a legal decision, including the origin of its provisions or the origin of the formation of laws. Then it is done by means of a sociological understanding that prioritizes the interests of the purpose of a regulation through a concrete event in the related official regulations. In practice, judges can interpret unclear provisions based on community demands, as well as laws and regulations that are synchronized with social ties and situations that occur. In addition to the two methods used by judges to make legal findings to create laws that are not found in existing regulations, judges can do reasoning or argumentation. The argumentation procedure consists of argumentum per analogium, argumentum a contrario, and legal narrowing.

Essence and social significance of the institute for adoption of a child in the Republic of Uzbekistan

According to the Civil Procedure Code of the Republic of Uzbekistan, the adoption of minor children is carried out only by a judicial body that meets the norms of the Constitution of the Republic of Uzbekistan, international law, as well as international agreements of the Republic of Uzbekistan and world practice of adopting children, which is in the best interests of the child. At the same time, there is a growing need for a radical improvement of the institutional and legal framework that guarantees the protection of the legal and legitimate interests of children and the protection of their rights. The purpose of the article is to analyze the legal norms of issues on the adoption of children. Scientific research is based on a set of such private methods as formal-logical, system-structural, comparative-legal, historical, etc., which made it possible to identify and substantiate the concept, essence and social significance of the institution of child adoption in the Republic of Uzbekistan. As a result of the research, it was established that in the science of family law adoption is defined in the following forms: as a legal act; as the upbringing of children in an adoptive family, providing living conditions equivalent to the living conditions of biological children; as a device for minors left without parental care. The article discusses the concepts, essence and social significance of adoption, personal and property rights of adopted children, interests of the child in implementation, procedural issues of adoption

Implications of irregular transnational adoptions within international standards: A review of intercountry adoption systems and Guatemalan birthmother perspectives

With growing global emergencies, child abduction became a concern in countries of origin and reception of transnationally adopted children. Improved regulations and standards to prevent child trafficking exhibit failures to ensure the best interest of children and the principle of subsidiarity. The article reviews relevant literature documents the Guatemalan birthmothers’ experiences and documented child theft, deception by trafficking networks, fraudulent adoptions, and familial coercion. Human rights and child welfare system implications drawn may be relevant to irregular transnational adoptions elsewhere.

NEW PROGRAM OF FAMILIES PREPARING FOR CARE AND EDUCATION OF FOSTERED / ADOPTED CHILDREN

The urgency of developing an alternative program for training candidates for family uniforms and child custody is justified by the need to: accelerate the process of training such candidates in case of difficulties in completing study groups; to acquaint participants with all forms of family upbringing, adoption, childcare services in order to make further conscious choices about the form that is most acceptable for candidates and to which they are most prepared; save resources needed to prepare candidates to avoid duplication of common learning topics. The purpose of the article is to reveal the features of such a combined program and prove its effectiveness. Research methods applied: analysis of scientific literature on the topic of research, observation, survey of candidates for family education and foster carers. The combined modular program is a new normative document that outlines the range of knowledge, skills and abilities to be acquired by candidates for foster parents, foster parents, guardians / trustees, adoptive parents, foster carers for quality care and upbringing of foster / adopted children. The peculiarity of the Program is that it contains joint classes of candidates for foster parents, foster parents, guardians / trustees, adoptive parents, foster carers, and specialized classes for individual groups of participants. The program focuses on the formation of the competence of foster parents, foster parents, guardians/custodians, adoptive parents, foster parents to protect the rights of the child, establishing effective communication with the child and his biological or potential parents, finding the most effective forms and methods of influencing emotional state child, behavior, its correction, rehabilitation. Its total duration of implementation is 13 days, of which: 7 days - joint classes for all participants. The program is implemented in the format of trainings. Conclusions on the effectiveness of the program were made based on the results of a survey of participants (candidates for family education) during 2020-2021 in the Ternopil region on the experimental program.