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All Journal I’tiqadiah: Jurnal Hukum dan Ilmu-ilmu Kesyariahan
Safar Alim
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Religion Humanities Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences

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KEDUDUKAN ANAK ANGKAT DALAM KAJIAN HUKUM ISLAM DI INDONESIA Safar Alim
I’tiqadiah: Jurnal Hukum dan Ilmu-ilmu Kesyariahan Vol. 2 No. 2 (2025): Juni : I’tiqadiah
Publisher : Yayasan Baitul Hikmah al-Zain

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63424/itiqadiah.v2i2.381

Abstract

Adoption or also commonly called adoption is a form of legal actions that have important implications for some of the legal status of the parties involved in it. Assessment of the removal of the child is not found in some classical fiqh literature as a separate discussion, so as if the assessment on this matter is not so important-at least not in the classical fiqh codification. Referring to the actual conditions at this time, the institution of adoption is one of the institutions that need to be considered and given more attention, given the significant number of implications that can be caused. This study is a normative study of the laws and regulations of some countries is related with adoption. For the purpose of analysis is, the authors use the approach of socio-juridical and historical so hopefully will be able to describe the direction of the development of legal systems of some countries.
KEDUDUKAN ANAK DARI PERNIKAH SIRI DALAM HUKUM ISLAM DI INDONESIA Safar Alim
I’tiqadiah: Jurnal Hukum dan Ilmu-ilmu Kesyariahan Vol. 3 No. 1 (2026): Februari
Publisher : Yayasan Baitul Hikmah al-Zain

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63424/itiqadiah.v3i1.627

Abstract

Development of a modern period and globalization have increased various social interaction. Such interaction may vary from free sex to unregistered marriage to cover disgrace. The status of children resulted in unregistered marriage is not clear in society whether they are legitimate or not, especially in terms of inheritance. There are three laws of inheritance prevailing in Indonesia, each has advantages and disadvantages, as well as different purpose. This research proposes to reveal the status of children resulted from unregistered marriage in accordance with the Indonesia positive laws, and that according to Islamic Law. This research is a legal research. The approach used is the statutory approach by reviewing the laws related to the inheritance of unregistered marriage, and comparative approach by comparing two existing inheritance laws in Indonesia, that is civil law and Islamic law. Children from unregistered marriage Have the same position as legitimate children in Indonesian law Nevertheless, there are two things that make difference, that is in term of identity and in inheritance, children from unregistered marriage Have the same position and part of inheritance as legitimate children, provided that the children have been authorized. While in Islamic law, children from the unregistered marriage and legitimate marriage have the same position although they have not been authorized. In both perspectives, marriage should be registered and get a certificate, otherwise, the children are categorized as those of outside marriage. So that, without recording a child’s identity, that children considered outsider child.
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