Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 1 (2025): Pena Justisia

Evolution Of Islamic Family Law In Multicultural Society Adoption Cases And Challenges International Law

Anwar (Unknown)



Article Info

Publish Date
24 Jun 2025

Abstract

The problem related to the evolution of Islamic family law in multicultural societies in cases of adoption lies in the tension between Islamic principles that regulate kafalah (protection of children without changing the status of descent) and international law that accepts full adoption, including changes in the legal status of children. This research uses a library research approach. The data sources used in this study consist of various types of relevant literature, namely: Books, scientific journal articles and research reports. The results of the research show that: 1). The form of evolution of Islamic family law related to adoption in a multicultural society is that Islamic family law has undergone changes to adapt to a multicultural society. Initially, Islam did not recognize full adoption, but rather the concept of kafalah, which only provides protection without changing the status of the child's descendants, 2). The challenge in implementing adoption rules in multicultural societies is the difference in understanding between Islamic law which does not change the child's status of descent and secular law which allows full adoption. 3). The interaction between Islamic family law and international law in adoption cases is that the interaction of these concepts becomes very urgent, especially in relation to international adoption. Although Islamic law does not allow full adoption which changes the legal status of the child, Muslim countries must balance the application of Islamic law with obligations to international treaties, such as the Hague Convention. 4). The impact of globalization on the acceptance of Islamic family law in adoption cases at the international level is that globalization accelerates the acceptance of Islamic family law in international adoption cases, despite concerns about social changes affecting religious values.

Copyrights © 2025






Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...