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All Journal Ahkam: Jurnal Ilmu Syariah Al-Jami'ah: Journal of Islamic Studies JURNAL IQTISAD: Reconstruction of Justice and Welfare for Indonesia Al Hakam: The Indonesian Journal Of Islamic Family Law And Gender Issues Jurnal Ilmu Sosial Humaniora Fahima: Jurnal Pendidikan dan Kajian Keislaman Legal Protection for the Partnership Agreement Parties Millah: Journal of Religious Studies
Nasution, Khoiruddin
Universitas Islam Negeri Sunan Kalijaga, Yogyakarta
Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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The Adoption of Found Child According to Islamic Law and Law No. 3 of 2006 on Religious Courts in the Perspective of Maqasid Al-Shari'ah Siti Muniroh; Khoiruddin Nasution
Millah: Journal of Religious Studies Vol. 21, No. 1, August 2021
Publisher : Program Studi Ilmu Agama Islam Program Magister, Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/millah.vol21.iss1.art4

Abstract

Islam is a religion that regulates everything in the life of Muslims. No exception in the case of adoption, the jurisdiction of the court up to the adoption of a minor. in the case of child adoption. Today, Islam applies limitations in some matters, such as the prohibition of lineage, the establishment of non-mahram relationships to the issue of inheritance and guardianship. In addition to that field, there is the authority of the judge in the Religious Court to be ijtihad to determine the best decision for the child of the findings as the extent of its authority is based on Law No. 3 of 2006 on Religious Justice. The purpose of this study is to analyze how the legal impact on the adoption status of the findings based on the rationale maqasidus syar'i and its relevance to the development of Islamic law. Research methods use the study of literature through its sources of reference through primary law, both derived from religious sources and from positive legal sources that apply in Indonesia. In addition, the researcher used jurisprudence from the relevant judicial decisions used.The results of this research are (1) through the approach of maqasid al shari'ah doruriyah that children (including children of discovery) must be protected their rights, both their right to life (an nafs) and their intellect (al aql), the right of lineage, religion, as well as paying attention to his rights, including his right to obtain the obligatory will/right of inheritance from the parents who raised him (al maal), (2) The legal impact is, the child is found as a person, he is an orphan so the religious treatment is the same as an orphan. While the adopted child then the legal status can be assessed through recognition by the adoptive parents such as the child of guardianship, then the adopted child has the right to be guarded by his adoptive parents due to the absence of a lineage guardian. (3) While the relevance to the development of Islamic law is that in maintenance (other than the issue of lineage and inheritance), then the child has the same protection and education status of both adoptive parents. There is a need for efforts from various related parties to prioritize the benefits to protect from unwanted things and save the lives of children.
KOMPETENSI ABSOLUT PENGADILAN AGAMA DALAM MEMUTUSKAN PERKARA HIBAH BEDA AGAMA: STUDI TERHADAP PERKARA NOMOR 1116/pdt.P/2019/PA.Sby Ahmad Ni'am Chabibil Hakim; Khoiruddin Nasution; Daharmi Astuti
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 2 No 1 (2022): Al Hakam
Publisher : Prodi Hukum Keluarga Fakultas Syari'ah IAI Al Hikmah Tuban

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v2i1.299

Abstract

The study discusses the competence of the Religious Courts in accepting and deciding cases of interfaith grants Number: 1116/Pdt.P/2019 /PA.Sby. The main discussion is what the judges’ considerations in deciding the case will be and how will the effect on the results of decision on subsequent Islamic law in Indonesia. This studu is a type of library research. The data were collected using the documentation method with descriptive-analytical method. The application of the grant case being studied is not the same as the provisions in article 49 of Law number 3 of 2006 concerning the Religious Courts, so it is necessary to study on what considerations the Religious Courts accept and decide the case. The result of this study indicate that the absolute competence of the Religious Courts in deciding this case is based on two things : first, the applicant is a Muslim women, in accordance with the principles of the Religious Caurts, namely the principle of Islamic personality. Second, the contract at the time the grant transacsion is carried out is based on Islamic law. This stipulation can be categorized as non-permanent jurisprudence, making it possible to be followed by subsequent judges in similar case as legal considerations to accept new case whose authority is still unclear in try it.
Co-Authors Ah. Badawi Ahmad Ni'am Chabibil Hakim Arif Hantoro Binarsa Binarsa Daharmi Astuti Jumni Nelli Masnun Tahir Moh. Aripin Mufrod Teguh Mulyo Munifah Munifah Siti Muniroh Syamruddin Nasution