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All Journal BILANCIA COMPARATIVA: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Bilancia : Jurnal Studi Ilmu Syariah dan Hukum
Nurinayah
UIN Datokarama Palu
Religion Law, Crime, Criminology & Criminal Justice

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ADOPSI DALAM TIMBANGAN SYARIAT Nadia Nadia; Nurinayah
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 15 No. 2 (2021): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v15i2.795

Abstract

The aim of this research is to clarify adoption in Islamic law. In terms of history, adoption has been common until the beginning of the spread of Islam. The adoption practices or tabanni was then abolished by the revelation of instructions regarding adopted child through Surah al-Ahzab verses 4 and 5. These two verses remind of the prohibition of making adopted child like their biological child and then cutting off the lineage of the child. This practice then returned to become a culture for Muslims in Indonesia, due to the lack of literacy on this subject. Despite the many adoptions without a legal procedure, adoption based on Islamic law has applied formal juridical in the legal structure in Indonesia, the concept is different from tabanni which is closer to hadhanah in a broader sense in fiqh and is included in the category of child care in the Child Protection Laws.
TINJAUAN HUKUM ISLAM DAN HUKUM POSITIF TERHADAP ABORSI BAGI WANITA KORBAN PEMERKOSAAN Ardina; Nurinayah
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 3 No. 2 (2022)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/comparativa.v3i2.42

Abstract

This study aims to identify and analyze legal norms, especially those related to Islamic law and positive law in Indonesia regarding abortion as a result of rape. In general, the legal status of abortion according to Islamic law is haram. Likewise, it is found in article 346 of the Criminal Code that abortion is also not permitted. However, regarding the legal status of abortion caused by rape, there are several opinions in Islamic law and positive law in Indonesia. The research in this thesis uses normative juridical research (normative legal research), namely legal research conducted by examining literature or secondary data. In accordance with the characteristics of the study, this study used the library research method (literary study). The results of the study show that the legal status of abortion as a result of rape according to Islamic law has several opinions. The Tarjih Muhammadiyah Council forbids abortion as a result of rape, the Bahtsul Masail NU and the MUI fatwa allow it. Whereas in positive law in Indonesia as contained in Law Number 36 of 2009 concerning Reproductive Health both allow abortion due to rape.
ADOPSI DALAM TIMBANGAN SYARIAT Nadia Nadia; Nurinayah
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 15 No. 2 (2021): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v15i2.795

Abstract

The aim of this research is to clarify adoption in Islamic law. In terms of history, adoption has been common until the beginning of the spread of Islam. The adoption practices or tabanni was then abolished by the revelation of instructions regarding adopted child through Surah al-Ahzab verses 4 and 5. These two verses remind of the prohibition of making adopted child like their biological child and then cutting off the lineage of the child. This practice then returned to become a culture for Muslims in Indonesia, due to the lack of literacy on this subject. Despite the many adoptions without a legal procedure, adoption based on Islamic law has applied formal juridical in the legal structure in Indonesia, the concept is different from tabanni which is closer to hadhanah in a broader sense in fiqh and is included in the category of child care in the Child Protection Laws.
Co-Authors Ardina Nadia Nadia Nadia Nadia