Child Adoption and Conflicts of Jurisdiction: A Comparative Analysis of the Public Court and the Islamic Court of Surakarta
The adoption of Muslim children is one of the familial issues in Indonesia. At the law level, the Indonesian law authorizes two judicial institutions, namely Islamic and public courts, to handle the case. Here, conflicts of jurisdiction occur obviously and, as a consequence, the parties have the cho...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | Arabic |
| Published: |
Jurusan Syariah Fakultas Agama Islam Universitas Islam Sultan Agung Semarang
2024-05-01
|
| Series: | Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam |
| Subjects: | |
| Online Access: | https://jurnal.unissula.ac.id/index.php/ua/article/view/26854 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1832557417228926976 |
|---|---|
| author | Muhammad Latif Fauzi Mohammad Harazi Al Abyari Fauzi |
| author_facet | Muhammad Latif Fauzi Mohammad Harazi Al Abyari Fauzi |
| author_sort | Muhammad Latif Fauzi |
| collection | DOAJ |
| description | The adoption of Muslim children is one of the familial issues in Indonesia. At the law level, the Indonesian law authorizes two judicial institutions, namely Islamic and public courts, to handle the case. Here, conflicts of jurisdiction occur obviously and, as a consequence, the parties have the choice to decide which court to request based on their wishes. This article answers the question of why and what the consequences of conflicts of jurisdiction are in the case of the adoption of Muslim children? The study found that two judicial institutions both accepted and examined cases of the adoption of Muslim children. However, there is a difference in the legal consequences. If the adopted child is to be treated as a biological child and can inherit, the application is filed to a public court. On the contrary, if the child is to be maintained, it is an Islamic court that judges. In the case of family lineage (nasab), both the courts do not break the ties of the adopted child with his/her biological parents, including the right of guardianship. |
| format | Article |
| id | doaj-art-017d300acd264e5cb953d0ba9bb0be88 |
| institution | Kabale University |
| issn | 2597-6168 2597-6176 |
| language | Arabic |
| publishDate | 2024-05-01 |
| publisher | Jurusan Syariah Fakultas Agama Islam Universitas Islam Sultan Agung Semarang |
| record_format | Article |
| series | Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam |
| spelling | doaj-art-017d300acd264e5cb953d0ba9bb0be882025-02-03T04:53:48ZaraJurusan Syariah Fakultas Agama Islam Universitas Islam Sultan Agung SemarangUlul Albab: Jurnal Studi dan Penelitian Hukum Islam2597-61682597-61762024-05-017111410.30659/jua.v7i1.268549560Child Adoption and Conflicts of Jurisdiction: A Comparative Analysis of the Public Court and the Islamic Court of SurakartaMuhammad Latif Fauzi0Mohammad Harazi Al Abyari Fauzi1Universitas Islam Negeri Raden Mas Said SurakartaUniversitas Islam Negeri Raden Mas Said SurakartaThe adoption of Muslim children is one of the familial issues in Indonesia. At the law level, the Indonesian law authorizes two judicial institutions, namely Islamic and public courts, to handle the case. Here, conflicts of jurisdiction occur obviously and, as a consequence, the parties have the choice to decide which court to request based on their wishes. This article answers the question of why and what the consequences of conflicts of jurisdiction are in the case of the adoption of Muslim children? The study found that two judicial institutions both accepted and examined cases of the adoption of Muslim children. However, there is a difference in the legal consequences. If the adopted child is to be treated as a biological child and can inherit, the application is filed to a public court. On the contrary, if the child is to be maintained, it is an Islamic court that judges. In the case of family lineage (nasab), both the courts do not break the ties of the adopted child with his/her biological parents, including the right of guardianship.https://jurnal.unissula.ac.id/index.php/ua/article/view/26854child adoption, conflicts of jurisdiction, family lineage, guardianship |
| spellingShingle | Muhammad Latif Fauzi Mohammad Harazi Al Abyari Fauzi Child Adoption and Conflicts of Jurisdiction: A Comparative Analysis of the Public Court and the Islamic Court of Surakarta Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam child adoption, conflicts of jurisdiction, family lineage, guardianship |
| title | Child Adoption and Conflicts of Jurisdiction: A Comparative Analysis of the Public Court and the Islamic Court of Surakarta |
| title_full | Child Adoption and Conflicts of Jurisdiction: A Comparative Analysis of the Public Court and the Islamic Court of Surakarta |
| title_fullStr | Child Adoption and Conflicts of Jurisdiction: A Comparative Analysis of the Public Court and the Islamic Court of Surakarta |
| title_full_unstemmed | Child Adoption and Conflicts of Jurisdiction: A Comparative Analysis of the Public Court and the Islamic Court of Surakarta |
| title_short | Child Adoption and Conflicts of Jurisdiction: A Comparative Analysis of the Public Court and the Islamic Court of Surakarta |
| title_sort | child adoption and conflicts of jurisdiction a comparative analysis of the public court and the islamic court of surakarta |
| topic | child adoption, conflicts of jurisdiction, family lineage, guardianship |
| url | https://jurnal.unissula.ac.id/index.php/ua/article/view/26854 |
| work_keys_str_mv | AT muhammadlatiffauzi childadoptionandconflictsofjurisdictionacomparativeanalysisofthepubliccourtandtheislamiccourtofsurakarta AT mohammadharazialabyarifauzi childadoptionandconflictsofjurisdictionacomparativeanalysisofthepubliccourtandtheislamiccourtofsurakarta |