ANALISIS HUKUM ISLAM DAN HUKUM POSITIF TENTANG PENGANGKATAN ANAK DALAM KANDUNGAN DI KAMPUNG BUMI DIPASENA MULYA

Abstract

Adoption was originally the adoption of the child
which resulted in the removal of the adopted child from the
father's own nasab relationship and entry into the adoptive
father's nasab relationship. In practice adoption is usually
carried out people who in their mating do not produce
offspring. With the path of adoption the adoptive child has
a relationship with the adoptive father as with the
biological father himself. There is an inherited relationship
between the adopted son and the adoptive father. Before
Islam came, the adoption of children had been carried out
by the Arabs and had become a hereditary tradition known
as tabanni which means taking children. Or take someone
else's child to be given the status of a biological child, so
that he has the right to use the nasab of his adoptive parents
and has the right to inherit inherited property and other
rights as the child's relationship with the parents. In Islam
adoption is indeed allowed and is one of the noble deeds,
because it helps underprivileged families to raise their
children. However, adoption by eliminating the nasab is
prohibited in Islam because this deed is the same as that
done by the jahiliyah community at the beginning of Islam.