Syamsuddin, Syamsuddin (2020) Pengangkatan Anak di Bawah Tangan (Studi Kasus di Kota Banjarmasin). Tesis, Pascasarjana.

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ABSTRAK

Among the people of Banjarmasin City there are many adoptions, but in general they are only done underhanded, not through court procedures in accordance with applicable laws and regulations. This study discusses to discuss the practice of adoption under the hand, then discuss it in accordance with the renewal of Islamic law and Positive law. This type of research is field research with qualitative research in the form of case studies. The study was conducted on six cases of adoption of children under the hand that occurred in the city of Banjarmasin. To collect field data observation and interview techniques are used. The results of the study concluded that adoption of children under the hand in the city of Banjarmasin is more important than what happens to children who are older than children who are able (first, second, third, compare and sixth cases) and one case (case four) As many as four cases of adoption of children carried out by others (the first, second, substitute and sixth cases) and two cases of children appointed by people who have family relations have biological children (first cases up to six except cases four). The adoption of the child is not in accordance with Islamic law, because in five cases (the first, second, third, approval and sixth cases) bring goodness to the care, education and future of the child. In the case of four is somewhat incompatible with Islamic law, because adopted children are only made as domestic helpers and not schooled, so adopting a child does not change his destiny for the better. The adoption of a child under the hand in the city of Banjarmasin does not oppose Positive law, because the Positive law still provides room for adoption of children based on religion or custom by the community members, but promotes that the adoption of children in accordance with the needs of the community.

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