Qiyas : Jurnal Hukum Islam dan Peradilan
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Perlindungan Terhadap Hak-Hak Anak Angkat Dalam Pembagian Harta Waris Perspektif Kitab Undang-Undang Hukum Perdata Dan Hukum Islam
No full textProtection of the rights of adopted children in the matter of property inheritance in the perspective of book of civil law and Islamic law. Adoption in civil law is an act which equalized adopted children with birth children, both in terms of caring and inheritance (Articles 11,12,13 and 14 of Stb. 1917 No. 129). In Islamic law, adoption will not result in a blood relationship and do not become the basis and cause of inheritance, because the basic principle of the heir is a blood relation. This article examines: 1. What is the legal position of adopted child in the matter of property inheritance in the perspective of book of civil law and Islamic law? 2.Which of the two legal systems that provide adequate protection for adopted child? This type of research is library research, with qualitative methods, and normative juridical approach. The result is; the legal position of adopted child for the right of inheritance in the Book of Civil Law has the same status as the heirs for an inheritance. But according Stb. 1917 No. 129, this provision provides that the limitation of the adopted child only becomes heir on the part that are not mentioned in the wills. Being in Islamic law, the position of adopted children can not be equated with birth children, they can not receive inheritance from the adoptive parents, and vice versa, but the children may receive the will treasure. In between the legal system, Islamic law provides adequate protection to the adopted children, because it has a child care institution
Pengucapan ‘Selamat Natal’ Oleh Umat Islam Kepada Umat Kristiani Perspektif Filsafat Hukum Islam
No full textAbstract: Greeting Of ‘Merry Christmas’ By Muslims To Christians In Islamic Perspective. The greeting of ‘Merry Christmas’ is usually pronounced when the Christian welcome the birth of Jesus. In Indonesia, there are still differences of opinion on whether or not allowed for Muslims to say ‘Merry Christmas’ to Christians as a form of respect and tolerance for the Christians. Some ulema are strictly prohibiting to greet Christian by saying ‘Merry Chirstmas’ because this act is a part of religious rituals, and others allow it with certain terms and conditions. To clarify the Islamic legal regarding the greeting of ‘Merry christmas’, this article will explore more deeply through a review of the philosophy of Islamic law. This study is a qualitative research approach. In general there are two approaches that will be used by the researchers, namely: a phenomenological approach and a juridical philosopy approach. In the mean time, the researcher also used the conceptual approach, case approach, as well as comparative approach. The research shows that greeting by saying ‘Merry Christmas’ to Christian is considered as haram li dzatihi (prohibited) because faith related issues. The prohibitation applies as long as not in the state of urgent or special needs