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All Journal Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam Journal of Progressive Law and Legal Studies
Hendri K, Hendri
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Religion Humanities Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Controversy of Adopted Children Status and Foster Father in the Marriage Process Based on Islamic Law Perspective Fauzi, Ahmad; Indrajaya, Darmawan Tia; Zikri, Ahmad; Zulfahmi, Zulfahmi; K, Hendri
Journal of Progressive Law and Legal Studies Том 1 № 02 (2023): May 2023
Publisher : Pt. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v1i02.100

Abstract

This paper seeks to explain the controversy regarding the status of adopted children and adoptive fathers in a marriage procession by using a normative juridical approach, it is concluded that the status and position of adopted children in the Islamic legal system does not break the kinship relationship between the adopted child and his biological parents so that the adoptive father does not become the guardian of his adopted child except through the mandate given by the child's biological parents. This study uses a normative approach and method, conducted by examining theoretical matters concerning Islamic legal norms and positive law. Primary sources are the Koran, hadith, Compilation of Islamic Law, and Marriage Laws. Secondary sources refer to the opinions of experts, as well as references related to the issues raised. The results of this study explain that the validity of the marriage guardian for adopted children is to remain with the lineage guardian if his whereabouts are still known and cannot be replaced by anyone except the lineage guardian is unknown, then the marriage guardian can be replaced by a judge's guardian. However, if in practice the adopted child is not known who the biological parents are, then the adopted daughter's marriage guardian is the adoptive father, or if the adoptive father receives a mandate from the child's biological father, then the marriage is valid as stated by al-Bahuti
The Essence of Family Planning in Islam: Achieving Family Well-Being Through Maqashid Shariah Fauzi, Ahmad; Zikri, Ahmad; K, Hendri; Agustar, Armi
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 16 No 2 (2024): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v16i2.8421

Abstract

Ideally, family planning (FP) is considered important for maintaining family well-being. However, in reality, there are still many negative views in society that oppose the practice of FP, even causing problems in its implementation. This article falls under library research with a qualitative approach. The methodology used is descriptive analysis, specifically explaining the meaning and essence of FP in the context of family well-being through the analysis of Maqasid Shariah theory. The results of the study indicate that FP plays a significant role in family well-being, especially for young couples who have recently married. Mental and financial preparation before educating and caring for children becomes a key factor in maintaining family stability. In the context of Maqasid Shariah, FP actively contributes to preserving health, lineage, wealth, life, and even religion.
Co-Authors Agustar, Armi Darmawan Tia Indrajaya Fauzi Ahmad Muda Zikri, Ahmad Zulfahmi Zulfahmi