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All Journal VRISPRAAK, International Journal of Law
HASBIYALLA, IKLIL
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Law, Crime, Criminology & Criminal Justice

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Legal Analysis of Child Adoption: An Islamic Perspective and Implementation in Religious Courts Hasbiyalla, Iklil
VRISPRAAK : International Journal of Law Vol 9 No 1 (2025): March 2025
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v9i1.1152

Abstract

Child adoption is a practice that has long been known in society, both in the perspective of Islamic law and positive law in Indonesia. This research discusses the procedure of child adoption in the Religious Court, the legal basis that regulates it, as well as the legal implications for adopted children and adoptive parents. In Islam, child adoption is allowed provided that the child's nasab status remains with his or her biological parents, as explained in the Qur'an and Hadith. Meanwhile, in Indonesian positive law, child adoption is regulated in various regulations, such as Law Number 23 of 2002 concerning Child Protection, as well as the Compilation of Islamic Law (KHI). This research uses a qualitative method with a descriptive-analytical approach to describe and compare the provisions of child adoption in the perspective of Islam and state law. The results show that although there are differences in concepts between Islamic law and positive law, both aim to protect the rights of children so that they can grow and develop properly. In addition, the process of child adoption in the Religious Court aims to provide legal certainty for adopted children and adoptive parents. Therefore, a comprehensive understanding of the procedures and legal consequences of child adoption is essential for the community to avoid mistakes in its implementation.
Unregistered Marriage in the Study of Indonesian Positive Law and Islamic Law Hasbiyalla, Iklil
VRISPRAAK : International Journal of Law Vol 8 No 1 (2024): March 2024
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v8i1.1162

Abstract

Marriage is a sacred institution in Islam and state law that aims to form a harmonious family. However, in practice, there are still many people who conduct marriages without official registration at the Office of Religious Affairs (KUA), known as nikah siri. This study aims to analyse the views of Islamic law and Indonesian state law on nikah siri, as well as the impacts of this practice. Under Islamic law, siri marriages can be considered valid if they fulfil the conditions and pillars of marriage, although the practice remains controversial. From the perspective of state law, siri marriages are not recognised because they do not fulfil the element of registration as stipulated in Marriage Law No 1 of 1974. While siri marriage has positive impacts, such as avoiding adultery, it also has greater negative impacts, especially in terms of legal protection for women and children. Therefore, marriage registration is a crucial aspect in safeguarding the rights of married couples as well as order in society.
Legal Analysis of Child Adoption: An Islamic Perspective and Implementation in Religious Courts Hasbiyalla, Iklil
VRISPRAAK : International Journal of Law Vol. 9 No. 1 (2025): March 2025
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v9i1.1152

Abstract

Child adoption is a practice that has long been known in society, both in the perspective of Islamic law and positive law in Indonesia. This research discusses the procedure of child adoption in the Religious Court, the legal basis that regulates it, as well as the legal implications for adopted children and adoptive parents. In Islam, child adoption is allowed provided that the child's nasab status remains with his or her biological parents, as explained in the Qur'an and Hadith. Meanwhile, in Indonesian positive law, child adoption is regulated in various regulations, such as Law Number 23 of 2002 concerning Child Protection, as well as the Compilation of Islamic Law (KHI). This research uses a qualitative method with a descriptive-analytical approach to describe and compare the provisions of child adoption in the perspective of Islam and state law. The results show that although there are differences in concepts between Islamic law and positive law, both aim to protect the rights of children so that they can grow and develop properly. In addition, the process of child adoption in the Religious Court aims to provide legal certainty for adopted children and adoptive parents. Therefore, a comprehensive understanding of the procedures and legal consequences of child adoption is essential for the community to avoid mistakes in its implementation.
Unregistered Marriage in the Study of Indonesian Positive Law and Islamic Law Hasbiyalla, Iklil
VRISPRAAK : International Journal of Law Vol. 8 No. 1 (2024): March 2024
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v8i1.1162

Abstract

Marriage is a sacred institution in Islam and state law that aims to form a harmonious family. However, in practice, there are still many people who conduct marriages without official registration at the Office of Religious Affairs (KUA), known as nikah siri. This study aims to analyse the views of Islamic law and Indonesian state law on nikah siri, as well as the impacts of this practice. Under Islamic law, siri marriages can be considered valid if they fulfil the conditions and pillars of marriage, although the practice remains controversial. From the perspective of state law, siri marriages are not recognised because they do not fulfil the element of registration as stipulated in Marriage Law No 1 of 1974. While siri marriage has positive impacts, such as avoiding adultery, it also has greater negative impacts, especially in terms of legal protection for women and children. Therefore, marriage registration is a crucial aspect in safeguarding the rights of married couples as well as order in society.
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