This study aims to determine the rights and status of adopted children to the inheritance of their parents according to Islamic law and to determine the decision of the Religious Court regarding the ...lawsuit against inheritance which is controlled by adopted children. This type of research is a normative legal research that studies secondary data with descriptive-analysis research specifications. Inheritance is often the reason for a split in the family, so there is a law governing who is entitled and what level is entitled to each family member. But one problem that often arises is the mastery of inheritance by adopted children. In Islamic law, the status of adopted children cannot be equalized with biological children because adopted children are not included in inherited family relationships. The results of this study are that adopted children are not included as heirs so as to obtain the compulsory will of 1/3 of the inheritance of their adopted parents according to the Jurisprudence of the Religious Court and in the decision of Situbondo No. PA. 0371 / Pdt.G / 2017 / PA.Sit in outline, the procedure of the proceedings and decisions have fulfilled the requirements as regulated in the legislation.
In the case of the above decision, the judge granted the plaintiff's claim to cancel the grant deed and the grant object returned to the rights of the grantor. With the judge's consideration that the ...adopted child in this case the grantee has neglected the adoptive parents. However, there is a contradiction when referring to the Civil Code, the grantee as an adopted child is not an heir who is obliged to provide alimony obligations to his adoptive parents. This research uses normative legal methods, where law is conceptualized as what is written in legislation (law in books) and as rules or norms that become benchmarks of human behavior that are considered appropriate. This research is based on primary and secondary legal materials, focusing on the norms contained in the legislation. In brief, Grant according to the Civil Code is a free gift made by a person to another party while still alive. However, the obligation of alimony in the Civil Code only regulates biological children to parents, not including adopted children, resulting in a legal vacuum regarding the obligation of alimony of adopted children to adoptive parents. This causes legal uncertainty, even though there is a legal basis for canceling a grant if the recipient does not provide alimony to the grantor. This legal vacuum makes it difficult to apply the principle of grant cancellation in the context of adopted children.
The custody of children and adolescents without a guardian and with a bad guardian in Iranian law has many similarities with the institution of adoption in American law, with the fundamental ...difference that custody in Iranian law does not result in a real parent-child relationship between the guardian and the adopted child, and just is resulted into some analogous rights and duties. This legal relationship will have financial and non-financial effects on the relationship between the parties, one of the most important financial effects has always been the possibility of inheritance between them or bequest of property for each other. The present study, focusing on American law and jurisprudence in this country, has tried to study the various presumptions of inheritance between the adopted child and the guardian, the adopted child and the guardian relatives, and the adopted child and his/her real parents. Furthermore, it examines the possibility of invoking the will concluded in favour of the adopted child, assuming the conclusion of a direct will by the guardian or an indirect will by the relatives of the guardian. In doing so, there has been a view on Iranian law and related codified laws.
Islam is a religion that regulates everything in the life of Muslims. No exception in the case of adoption, the jurisdiction of the court up to the adoption of a minor. in the case of child adoption. ...Today, Islam applies limitations in some matters, such as the prohibition of lineage, the establishment of non-mahram relationships to the issue of inheritance and guardianship. In addition to that field, there is the authority of the judge in the Religious Court to be ijtihad to determine the best decision for the child of the findings as the extent of its authority is based on Law No. 3 of 2006 on Religious Justice. The purpose of this study is to analyze how the legal impact on the adoption status of the findings based on the rationale maqasidus syar'i and its relevance to the development of Islamic law. Research methods use the study of literature through its sources of reference through primary law, both derived from religious sources and from positive legal sources that apply in Indonesia. In addition, the researcher used jurisprudence from the relevant judicial decisions used.The results of this research are (1) through the approach of maqasid al shari'ah doruriyah that children (including children of discovery) must be protected their rights, both their right to life (an nafs) and their intellect (al aql), the right of lineage, religion, as well as paying attention to his rights, including his right to obtain the obligatory will/right of inheritance from the parents who raised him (al maal), (2) The legal impact is, the child is found as a person, he is an orphan so the religious treatment is the same as an orphan. While the adopted child then the legal status can be assessed through recognition by the adoptive parents such as the child of guardianship, then the adopted child has the right to be guarded by his adoptive parents due to the absence of a lineage guardian. (3) While the relevance to the development of Islamic law is that in maintenance (other than the issue of lineage and inheritance), then the child has the same protection and education status of both adoptive parents. There is a need for efforts from various related parties to prioritize the benefits to protect from unwanted things and save the lives of children.
Социальная успешность детерминирует социальную адаптацию и выступает системообразующим элементом личностного и профессионального самоопределения приемного ребенка. Цель исследования – изучение ...социальной успешности приемного ребенка как фактора эффективности замещающей семьи. В исследовании использованы следующие методы: анализ научной литературы, интервальные наблюдения жизнедеятельности замещающих семей, анализ дневниковых записей замещающих родителей, опросы и собеседования с приемными детьми и замещающими родителями, анализ биографий приемных детей, описание, обобщение и систематизация научных данных. Выявлены компоненты социальной успешности приемного ребенка в процессе воспитания в замещающей семье. В результате изучения жизнедеятельности замещающих семей выделены позитивные и негативные социально-психологические явления. Ключевым фактором повышения эффективности воспитания приемных детей являются условия развития их социальной успешности, психолого-педагогическая поддержка социальной адаптации и реадаптации ребенка. Научная новизна исследования заключается в представлении структурированных данных о социальной успешности приемного ребенка и ее психолого-педагогических условиях. Установлены особенности проявления социальной успешности в процессе профессионального образования и реализации себя приемным ребенком в качестве взрослого. В результате выделены специфические черты поведения приемных детей в демонстрации внешней и внутренней составляющей социальной успешности, представлены направления социально-психологической и психолого-педагогической работы с ними.
Adoption is a legal relationship that leads to the adoption of a child by a man or a woman as his/ her child; without the child's adoptive parents being the child's real and bloody parents. One of ...the most important tasks of governments towards children deprived of family blessings, as well as abused children and adolescents, is to provide conditions so that neglected or unaccompanied children, like other children and adolescents, can benefit the special support and care in the shadow of having a family. Unaccompanied children do not have a natural relationship with their adoptive parents and only have a legal relationship, so that there is no confident between them, and this is one of the problems of adoption. Hence, jurists have tried to resolve the problem of the confident of adopted child through religious means such as Mosaharah (the marriage of couples with their relatives) and breastfeeding. But practically the problem remains in many cases; And because of the lack of confident and legislative affinity, the legislature has prescribed marriage of the guardian with the adopted child. This paper with analytic- descriptive methods ties to challenge this type of marriage because this kind of marriage according to the philosophy and the object of legislator in order to protect orphaned and abused children and adolescents, good morals, public order, not meeting the spiritual needs of children and adolescents, opposition to the purposes of Sharia and maintaining the privacy and dignity of the family, etc is not allowed as international conventions have not been accepted such marriage.
Adoption is governed by Law No. 23 of 2002 dated 22nd of Oct. 2002 concerning Child Protection; Decree of Minister of Social Affairs No. 44/HUK/1997 dated 31st of July 1997 concerning Fostering of ...ChildrenWelfare through Adoption; Decree of Minister of Social Affairs No. 2/HUK/1995 dated 25th of Jan. 1995 concerning Completion of Attachment of Decree ofMinister of Social Affairs No. 13/HUK/1993 concerning Implementation of Adoption; Supreme Court Circular Letter No. 2 of 1979 dated 7th of Apr. 1979concerning Adoption; and Supreme Court Circular Letter No. 6 of 1983 dated 30th of Sept. 1983 concerning Completion of Supreme Court Circular Letter No. 2 of 1979 concerning Adoption. An adoption is a legal act that distracts a child from the environment of its parents, legal guardian, or other people responsiblefor the care, education, and parenting, into a family environment with foster parents. It lawful both adoptions between Indonesian citizens and adoptionamong Indonesian citizens and foreigners. However, what is the legal consequences arising from the removal of the child? Is the adopted child could inherit fromtheir foster parents or not? Or is there a way to pass down an inheritance to adopted children who allowed the legislation? Therefore, this article will discuss.
To have children is one of the numerous blessing of Allah. Its value lies in the fact that the prophets have also aspired for children through invocation. The greatest divine policy behind this ...blessing is that Allah bestow someone with a son other with a daughter, some are blessed only with daughter, other with son yetis some are rendered childless, that is to have no children just because of the greatest divine power. under this paramount power some people are not blessed with of children. despite the worldly falsifies man is helpless and worried. A young married couple visit their doctor if they are not blessed with the valuable gift of children. They complaint against their ill -luck and ask other to pray on their behalf. When such people become extremely disappointed for haring no children are dander careless by their doctor. they become helpless and therefore seek for something to ensile them. They strive for the children and adopted other children, like that of sisters, brothers and other close relatives some time they offer their expenditures to keep the children of their close friends. They do so to make those children as their heirs under their protection. Sometime they try to get the children of the affected families. On some occasion, they visit the Edhi centers and welfare organization to deserve the heirless children to provide them proper maintenance. Such a child is called “Mutabanni and the person adopts it is called “Tabanni, in urdu it is called “بچہ گودلینا" The important point is about the legal status of such adopted child other related question about their heritage matrimony modesty and will making. It is research oriented subject. Therefore, such related issue is being discussed here for the convenience sake.
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