TINJAUAN HUKUM ISLAM TERHADAP PRAKTIK PENGANGKATAN ANAK (ADOPSI) DI BAWAH TANGAN (STUDI KASUS DI PURWOKERTO, KABUPATEN BANYUMAS)

Nabilah Falah, S.H, NIM.: 21203011046 (2023) TINJAUAN HUKUM ISLAM TERHADAP PRAKTIK PENGANGKATAN ANAK (ADOPSI) DI BAWAH TANGAN (STUDI KASUS DI PURWOKERTO, KABUPATEN BANYUMAS). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Adoption of children is one of the paths taken by married couples to achieve the goal of marriage. Basically, child adoption must be carried out in accordance with the applicable legal regulations through a request for a court order. The reality is that there are still many child adoptions that are carried out under the hand, as happened in the people of Purwokerto. Adoption of children in Purwokerto, Banyumas Regency occurs only in a family manner and is carried out without going through a court order. This research seeks to answer the formulation of the problem, namely what are the factors that cause people in Purwokerto, Banyumas Regency to adopt children under their hands? and how is the review of Islamic law against child adoption (adopted) under the hands that occurred in Purwokerto, Banyumas Regency? And what are the consequences of underhanded adoption that occurred in Purwokerto, Banyumas Regency?. Legal research in this research is field research with qualitative research. The type of research method chosen is descriptive analysis, which is a method that functions to describe or give an overview of the object under study through data or samples that have been collected. This research is prescriptive in nature, which is intended to provide arguments for the results of research that has been carried out with a sociological juridical approach. The data sources used are primary data, namely data obtained from interviews and secondary data, namely data obtained from books and scientific papers related to the research topic. The data obtained is analyzed using deductive logic, by explaining something that is general in nature and then drawing it into a more specific conclusion. The results of the study show that the factors that cause people in Purwokerto, Banyumas Regency to adopt children under their hands are habits that occur repeatedly and are considered as a rule in society. The adoption of a child under the hands that occurred in Purwokerto, Banyumas Regency in terms of Islamic law has the aim of helping care for the interests of the child as recommended in Islam, but in this study it shows that 8 (eight) out of 10 (ten) cases of adoption under the hands make changes against the lineage of children which is prohibited in Islamic law. As a result of this underhanded adoption, the adopted child does not have a marginal record on his birth certificate, which in turn causes falsification of the child's identity and status on the birth certificate and family card.

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