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All Journal Tabayyun : Journal of Islamic Studies As-Salam: Journal Islamic Social Sciences And Humanities
Erva Dyana Puri
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Religion Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Problematika Anak Angkat Dalam Perspektif Hukum Islam Erva Dyana Puri; Emmi Saidatul Khairi; Fathiyah Hanin Munthe; Geby Septia Handayani
Tabayyun : Journal Of Islamic Studies Vol. 2 No. 02 (2024)
Publisher : Tabayyun : Journal Of Islamic Studies

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Abstract

Regarding the concept of child adoption within the scope of Islamic law, the aim is to understand the concept of child adoption within the scope of Islamic law for the implementation of the child adoption process in religious courts. The concept of adopting a child in Islamic law does not mean being an absolute biological child, but only being allowed to care for and care for it with the aim of treating the child in terms of love, providing support, education or services for all needs, not treating them as a biological child (nasab). Adoption of a child based on Islamic law is the adoption of a child that is based on the Koran and Sunnah as well as the results of ijtihad in force in Indonesia which is formulated in various products of Islamic legal thought, both in the form of fiqh, fatwa, court decisions, and statutory regulations including them. compilation of Islamic law or KHI.
Rethinking Indonesia's Legal System Al Habibi, Abdul Zaky; Erva Dyana Puri; Fadlan Muhajir; Nasution, Hadi Pratama; Khairani; Tasya Aulia
Getpress Management Journals Vol 2 No 4 (2024): AS-SALAM: Journal Islamic Social Sciences and Humanities
Publisher : Yayasan Salam Cerdas Al-Fattah

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This research aims to explore the legal system in Indonesia which is formed from various legal sources. The main issues raised are how this diverse legal system can maintain social order and provide legal certainty, as well as how the current positive law (ius constitutum) can adapt to ongoing social changes. This study uses a literature study method with an approach to Indonesian legal history, which traces the development of the legal system from the colonial period to the modern era. Data was obtained from primary and secondary literature, such as laws, books, journal articles, theses, and relevant news. The analysis was carried out with the stages of data triangulation to ensure the accuracy and validity of the research results. The findings of this study show that the legal system in Indonesia is a dynamic and complex system. Positive law has a central role in providing legal certainty, but challenges arise when the applicable law is no longer relevant to the needs of society. Therefore, it is important to carry out adaptive legal reforms, strengthen law enforcement, and increase public legal awareness so that the Indonesian legal system is able to present justice and order in accordance with the times.
Co-Authors Al Habibi, Abdul Zaky Emmi Saidatul Khairi Fadlan Muhajir Fathiyah Hanin Munthe Geby Septia Handayani Khairani Nasution, Hadi Pratama Tasya Aulia