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All Journal AT-TAFAHUM: Journal of Islamic Law Jurnal Sahabat ISNU SU
Ahmad Nizar Mohammad Syamwil
University Malaya Of Malaysia
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

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Legal Consequences of Concealing Adopted Children's Lineage: A Comparative Study Between Indonesian Criminal Law and Islamic Law on Identity, Inheritance, and Child Protection Ahmad Nizar Mohammad Syamwil; Maulidya Mora Matondang; Ramadhan Syahmedi Siregar; Akmaluddin Syahputra
Jurnal Sahabat ISNU SU Vol. 3 No. 1 (2026): ISNU Sahabat Mei 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1247

Abstract

Concealing the ancestry of adopted children constitutes a complex legal issue that involves the intersection between criminal law, child protection, and Islamic legal principles. Adoption in contemporary society is no longer merely a social relationship of care but also generates significant legal consequences concerning personal identity, lineage, inheritance rights, guardianship, and family relations. In Indonesia, the legal framework of adoption reflects a pluralistic character, where national law prioritizes the protection of children’s rights and administrative certainty, while Islamic law strictly maintains the preservation of nasab (lineage) as an essential element of individual legal status. The practice of concealing the biological origins of adopted children creates a conflict between social perceptions that often place adopted children in an equivalent position to biological children and legal principles requiring transparency of identity. This study aims to examine the legal consequences of concealing the ancestry of adopted children from the perspectives of Indonesian criminal law and Islamic law. This research employs a normative juridical method using statutory and conceptual approaches through analysis of relevant legislation, the Compilation of Islamic Law, and Islamic legal doctrines. The findings indicate that concealing the ancestry of adopted children may constitute a legally prohibited act under Indonesian criminal law, particularly when accompanied by false statements, unlawful adoption procedures, or manipulation of a child’s identity, which may result in criminal liability. From the perspective of Islamic law, such concealment contradicts the principle of maintaining nasab and may create legal consequences concerning inheritance, marriage guardianship, and familial status. Islamic law permits adoption in the form of kafalah, emphasizing protection and care without altering the child’s original lineage. This study concludes that transparency regarding the origins of adopted children is a fundamental legal obligation that serves to protect children’s rights, prevent future legal disputes, and harmonize positive law with Islamic legal values in Indonesia’s adoption system.
A Criminological Analysis of Homicide Committed by Husbands Against Their Wives Ahmad Nizar Mohammad Syamwil; Dian Perwita Sari
AT-TAFAHUM: Journal of Law Vol 2, No 1 (2018)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v2i1.29053

Abstract

Cases of murder committed by husbands against wives are a serious problem in society. This study aims to analyze the factors causing the murder, as well as its impact on the victim's child. The method used is descriptive research using data from observations, documentation, and interviews with AKP Abner Saragih, one of the investigative teams handling the case. The results showed that the murder occurred due to jealousy and economic problems in the household. The perpetrator used a machete that had been prepared before hand, resulting in the death of his wife and serious injuries to the victim's child. The victim's children are currently being raised by the victim's family without their biological parents. The conclusion of this study is the need for serious handling of domestic homicide cases, as well as the importance of the role of law enforcement agencies in providing justice to victims. This research also provides suggestions for increasing public awareness about the importance of peaceful conflict resolution, as well as the need for psychological support for children who have been traumatized by a murder case in the family. It is hoped that the results of this study can provide a deeper understanding of the problem of domestic murder and contribute to preventing similar cases from occurring in the future.
Role And Impact Of Empowerment Programand Family Welfare Towards The Economic Welfare Of Residents Of Sei Kera Hilir II Village Medan City Ahmad Nizar Mohammad Syamwil; Muhammad Anshar
AT-TAFAHUM: Journal of Law Vol 1, No 1 (2017)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (184.833 KB) | DOI: 10.47006/attafahum.v1i1.926

Abstract

This study examines the concept of empowerment in Islam, welfare from an Islamic perspective, and the role of the Family Welfare Empowerment Movement (PKK) in improving the economic welfare of residents in Sei Kera Hilir II Subdistrict, Medan. The concept of empowerment in Islam emphasizes efforts to strengthen individual and community capacities through independence, productivity, and social responsibility. Islamic teachings encourage empowerment by developing human potential, providing opportunities for self-reliance, and fostering cooperation in achieving social welfare. Welfare in Islam is understood as a holistic condition that includes material, spiritual, and social fulfillment, both in this world and the hereafter. The findings indicate that the PKK has played an important role in community empowerment through various programs, including skills training, entrepreneurship development, health promotion, educational support, environmental sustainability, and family welfare improvement. Several successful empowerment initiatives have enabled residents to develop home industries, handicraft businesses, food processing enterprises, and other income generating activities that contribute to family economic resilience. Furthermore, PKK activities have enhanced community participation, strengthened social solidarity, and improved awareness of health, education, and environmental management.
Co-Authors Akmaluddin Syahputra Dian Perwita Sari Maulidya Mora Matondang Muhammad Anshar Ramadhan Syahmedi Siregar