ANALISIS HUKUM ISLAM DAN HUKUM POSITIF TENTANG PENGANGKATAN ANAK DALAM KANDUNGAN STUDI KASUS DI DESA SUMBER MAKMUR KECAMATAN LEMPUING KABUPATE OGAN KOMERINGILI

Abstract

If a husband and wife have been in a household
for a long time but have not been blessed with a child, then
they can adopt a child so as to take a child from someone
else's child by caring for, raising and covering all the needs
of the child to include his daily needs and education costs.
Islamic law also allows this to be done but does not sever
the child's relationship with his biological parents.
However, in this case, the people of Sumber Makmur
Village, Ogan Komering Ilir, carry out child adoption not
in the way described in Islamic law but in their own way
as well as severing the relationship between the adopted
child and his biological parents. This is certainly very
contrary to the conditions of child adoption in Islamic law.
This is the problem that will be studied in this study. The
objectives of this study are: (1) To find out how the process
of removing children in the womb in the community of
Sumber Makmur village, Lempuing Ogan Komering Ilir
District. (2) To determine whether the process of adopting
a child who is still in the womb is in accordance with
Islamic law and positive law.This research is a type of field
research (filed research). This research is descriptive
analysis, namely research that aims to describe and analyze
the subject under study, using a normative juridical
approach, namely an approach that leads to and leads to the
problem of establishing a based on the texts of the Qur'an
and Hadith, as well as the opinions of scholars who are
related to the problem under study.