Adoption According to the Sharia Law

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Is it Possible to Open a Police Report in Indonesia By Hiring Authorized Attorney?", read also "How To Legally Adopt a Child in Indonesia?", and on this occasion we will discuss about 'Adoption According to the Sharia Law'.

Adoption According to Legal Term

According to the online Big Indonesian Dictionary (KBBI), adoption is: 1. the adoption of another person's child as one's own; 2. Acceptance of a proposal or report (eg. in the legislative process); 3. Collection.[1] Meanwhile, according to the Pontianak City Population and Civil Registry Service, the definition of adoption is a legal act to transfer a child's rights from the family environment of the parents, legal guardians, or other people who are responsible for the care, education & rearing of the child, into the family environment of the adoptive parents. based on the Court's decision.[2] In simple terms, adoption here is defined as the legal adoption of a child through the application process in the relevant district Court.

Governing Law on Adoption in Indonesia

There are several legal grounds for adoption in Indonesia:[3]

1. Law Number 35 of 2014 concerning Child Protection.
2. Government Regulation No. 54 of 2007 concerning the Implementation of Child Adoption.
3. Regulation of the Minister of Social Affairs of the Republic of Indonesia Number 110/HUK/2009 concerning Requirements for Adoption of Children.
4. General Regulation of Social Rehabilitation Number 02 of 2012 concerning Technical Guidelines for Child Adoption Procedures.

Types of Child Adoption in Indonesia

Child adoption in Indonesia consists of two types, namely:[4]

1. Adoption of Children Between Indonesian Citizens (Domestic Adoption).
2. Child Adoption Between Foreign Citizens (Inter-country Adoption).

Adoption of children among Indonesian citizens is the adoption of Indonesian children carried out by Indonesian citizens (Domestic Adoption) consisting of:[5]

1. Adoption of children among Indonesian citizens through institutions. The adoption of this child includes the adoption of children indirectly, and usually through a foundation or institution that has been appointed by the Governor.
2. Adoption of children according to customary law. Adoption of children according to customary law is the adoption of children carried out according to customs in a certain family environment and relatives.
3. Direct Child Adoption (Privat Adoption). Private adoption is carried out between prospective adoptive parents and their biological parents/guardians/relatives in court, by attaching requirements for adoption and recommendations from provincial social agencies. Therefore, prospective adoptive parents must make an application to the Head of the local Provincial Social Service/Agency in order to obtain a recommendation for adoption, and the social worker of the Provincial Social Service/Agency must make a home visit to prospective adoptive parents to get an idea of ​​whether prospective adoptive parents is worthy of the recommendation.
4. Adoption of Children by Single Parent (Single Parent). Adoption of a child by a single parent is the adoption of a child by an Indonesian citizen against a child of an Indonesian citizen where the prospective adoptive parent has the status of a single parent.

Adoption of a child between an Indonesian citizen and a foreign citizen is the adoption of a child by a foreign citizen against a child of an Indonesian citizen or the adoption of a child of a foreign citizen by an Indonesian citizen, which is divided into:[6]

1. Prospective adoptive parents are husband and wife of foreign nationals.
2. One of the prospective adoptive parents of a foreign citizen (mixed marriage).

Adoption According to the Sharia Law

Recently we received a question regarding someone who wants to adopt an Indonesian child, only now he is a citizen of country X whose country adheres to sharia law. Therefore, we will briefly review the adoption according to sharia law. 

The former president of the Islamic Society of North America Muzammil H. Siddiqi explained about the adoption law in Islam. "Adoption in the sense of changing one's identity and lineage to a false lineage is prohibited in Islam," he said.[7] This means that adoption according to positive Indonesian law and Sharia law is different. In the sense that both have different meanings and provisions regarding this matter. Adoption in the sense of changing the biological origin of the child from the origin of the original parents to the origin of the adoptive parents is prohibited in Islamic law.

Legal Basis on Sharia Law

Then, what is meant by adoption according to Islamic law? A Muslim is allowed to adopt a child in the sense of nurturing a child to provide physical and spiritual care for him. The Prophet SAW said, "I and the guardian of the orphan will be in Paradise like these two fingers and he will join his two fingers together," (Al-Bukhari). In another hadith, he mentions "When a person puts his hand of affection on the head of an orphan, for every hair of the orphan he will receive a blessing from Allah," (Ahmad).[8]

Allah said, “Allah has never made for a person two hearts in his cavity; and He did not make your wives whom you rebuke as your mothers, and He did not make your adopted children as your biological children (self). That is just what you say in your mouth. And Allah tells the truth and He shows the (right) way. Call them (adopted children) by (using) the names of their fathers; that is more just in the sight of Allah, and if you do not know their fathers, then (call them) your brothers and sisters in your religion and your 'maula' (Maula can have reciprocal meanings such as master or slave, patron or client, uncle or nephew, and friend.). And there is no sin on you in what you err in, but (in which there is a sin) what your heart intends. And Allah is Forgiving, Most Merciful” (Al-Ahzab 33: 4-5). Muzzammil strongly recommends that Muslims take care of orphans. Regarding adoption, he said according to sharia, it is not permissible to take the name of his biological parents from a child.[9]

Thus, the meaning of appropriate adoption according to sharia law is 'fostering only' without changing the biological origin of the child. And if you have any difficulties conducting adoption in Indonesia, contact us, feel free in 24 hours, we will be glad to help you.

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Adopsi", kbbi.web.id., Diakses pada tanggal 7 Februari 2022, https://kbbi.web.id/adopsi.

2. "Adopsi", disdukcapil.pontianakkota.go.id., Diakses pada tanggal 7 Februari 2022, https://disdukcapil.pontianakkota.go.id/page/adopsi--pengangkatan-anak#:~:text=Perbuatan%20hukum%20untuk%20mengalihkan%20hak,orangtua%20angkatnya%20berdasarkan%20penetapan%20Pengadilan.

3. "Prosedur Pengangkatan Anak Domestik oleh Warga Negara Indonesia", sayapibujakarta.org., Diakses pada tanggal 7 Februari 2022, http://sayapibujakarta.org/prosedur-pengangkatan-anak-domestik-oleh-warga-negara-indonesia/#:~:text=HUKUM%20PENGANGKATAN%20ANAK-,Dasar%20Hukum%20Pengangkatan%20Anak,2009%20tentang%20Persyaratan%20Pengangkatan%20Anak.

4. Ibid.

5. Ibid.

6. Ibid.

7. "Hukum Adopsi dalam Islam", Sabtu 28 Nov 2020, republika.co.id., Diakses pada tanggal 7 Februari 2022, https://republika.co.id/berita/qkfxak366/hukum-adopsi-dalam-islam

8. Ibid.

9. Ibid.