Overview Of Islamic Law On Practice Appointment Of Children Out Of Marriage To Meet The Welfare Of Children (Case Study No. 82/Pdt.P/2021 Religious Court of Ambarawa, Semarang Regency)

Abstract

The purpose of this researchto find out and analyze the process of implementing Islamic law child adoption, to find out and analyze the legal consequences of the adoption process and to find out and analyze the review of Islamic law on child adoption (adoption) outside of marriage. The research problem was analyzed with the theory of the operation of law in society and the theory of justice. The approach method used is the normative juridical and sociological juridical method, the specifications in the research are analytical descriptive, the population and sampling method are all objects or all symptoms or all events or all units to be studied, data collection techniques using library research and interviews, data analysis used is qualitative. In the analysis of the problem using the theory of the workings of law in society and the theory of justice. Research result:The enactment of Law Number 3 of 2006 concerning Religious Courts has brought fundamental changes to the authority of the Religious Courts. One of the changes is the case of adoption, including the new authority of the religious court as stipulated in the Elucidation of Article 49 Letter a number 20. This affirmation, on the one hand, shows the recognition from the state of the existence of the institution of adoption in the perspective of Islamic law. On the other hand, at the same time dismissing the doubts of the Muslim community and practitioners of the Religious Courts law to take advantage of the institution. Based on the Islamic concept, the adoption of a child should not break the lineage between the child and his biological parents. This later relates to the inheritance and marriage system.The review of Islamic law on child adoption (adoption) outside of marriage is that Islam allows adoption of children by prioritizing the welfare of children, especially neglected children, that in Islam adoption of children is to transfer responsibility for maintenance of living expenses, education, religious guidance and so on from other people. original parents to adoptive parents without having to cut off nasab relations with the original parents and that for children whose parents are Muslim, adoption can only be carried out by people who are Muslim as well as the fatwa of the Indonesian Ulema Council Number U-335/MUI/VI/ 1982 dated 18 Sha'ban 1402 H coincided with June 10, 1982.