Lovetha, Cheche (2025) Tinjauan Yuridis Pengangkatan Anak Studi Komparasi Menurut Hukum Islam dan Hukum Positif Indonesia (Studi Pada Pengadilan Agama Pekanbaru). Masters thesis, Universitas Islam Riau.

Text skripsi_231021077_watermark.pdf - Submitted Version Restricted to Registered users only Download (2MB) | Request a copy

Abstract

The complex nature of child adoption requires certainty regarding the welfare and future of the child. As in the court ruling in case number 153/Pdt.P/2024/PA.Pbr, the Religious Court, especially the judge, must be careful and cautious with the boundaries that must be maintained later after the adopted child has reached puberty, or adulthood because both are not mahram because it is feared that it can lead to behaviors that are close to adultery because of the relationship between the adoptive parents. The research method used in this study is qualitative research using interview methods, archives of the Pekanbaru Religious Court, norms in the form of the Book of Fiqh and Positive Law, which aims to provide a clear picture of the judge's considerations in granting a child adoption application. At least from the explanation above there are two interesting things to analyze, namely Knowing the legal considerations used by the judge in ratifying the determination of child adoption according to the decree number 153 / Pdt.P / 2024 / PA.Pbr. And to find out the legal review of the decision of the Pekanbaru Religious Court which ratified the application for child adoption according to the decision Number 153 / Pdt.P / 2024 / PA.Pbr. The results of the discussion of this study are: 1). The legal basis used as a guideline by the Religious Court in granting the adoption of a child in this case has been in accordance with all the requirements that must be met so that this case is granted by the Panel of Judges. 2). Reviewing the results of the determination of the Panel of Judges, analyzing that the judge must also consider the information contained in the Qur'an Surah Al-Isra verse 32 which states "never approach adultery because adultery is a heinous act and a bad way", in this surah there is no direct prohibition on adopting a child, but it can be concluded that there must be attention from adoptive parents and adopted children of the opposite sex because adoption of a child does not change the relationship so that the adopted child and adoptive parents remain not mahram.

Actions (login required)

View Item