Adoption of children by different religious parents in the framework of the constitution and maqashid sharia

Suwandi, Suwandi, Hasba, Irham Bashori ORCID: https://orcid.org/0000-0002-9222-230X and Wildana, Dina Tsalist (2023) Adoption of children by different religious parents in the framework of the constitution and maqashid sharia. De Jure: Jurnal Hukum dan Syari'ah. ISSN 2085-1618

Text 17467.pdf - Submitted Version Restricted to Repository staff only Download (182kB)

Abstract

The problem of neglected children needs special attention, especially since their number is still relatively large in Indonesia. Article 34 of the 1945 Constitution of the
Republic of Indonesia gives responsibility to the state for caring for the poor and neglected children, one of which is the mechanism for providing space to adopt children in procedures regulated by the state, as in Article 39 of Law Number 35 of 2014 concerning Child Protection, which regulates religious uniformity between adopted children and their adoptive parents. On the one hand, the existence of these regulations is an effort by the state to protect children, but on the other hand, it is felt that they hinder the fulfillment of children's rights, especially in Indonesia with the diversity of its citizens. This research examines the child adoption system in Indonesia from the aspect of regulations that have been set by the state and
synergizes with the discourse on human rights. From these two frames, it concludes with how Maqashid Sharia provides its resolution. In conducting research, the authors use normative research methods using conceptual and statutory approaches. This paper shows that there are no standard regulations regarding the prohibition of adopting children by parents of different religions, but the Hifz ad�Dinn rules in the terms of Maqashid Sharia provide separate considerations as to how the adoption process should be carried out, although on the other hand, Maqashid
Sharia still opens up space not to question the adoption of children by parents of different religions.

Item Type:	Journal Article
Keywords:	neglected children; adoption children; Maqashid Sharia.
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law
Divisions:	Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User:	Unnamed user with email dr.suwandi@yahoo.com
Date Deposited:	14 Dec 2023 14:27

Downloads

Origin of downloads

Actions (login required)

View Item