CHILD ADOPTION

CHILD ADOPTION; 
Conventional discourse Vulnerable Issues 
By: M. Zamroni

Adoption or adoption are well known and developed before the ministry of Prophet Muhammad SAW, the adoption of the notion of "taking someone else's child to nurtured and educated with great affection and attention without biological children told him the status he was treated by his adopted parents as his own child." This tradition is in fact long before Islam came has been known by humans, such as by the Greek, Roman, Indian, and various nations in ancient times.Among the Arabs before Islam (the ignorant), the term is known as at-Tabanni and already ditradisikan are familial.Imam al-Qurtubi (classical commentators) said that before prophethood, the Prophet himself had raised a son Zaid bin Harisah, no longer even call Zaid on behalf of His father Harisah but exchanged by the Prophet by the name of Zaid bin Muhammad. 

We all would agree that the adoption of children is a conventional discourse. It is evident that the adoption of children is much happening in the days of ignorance, even so, not everyone understands the nature of adosi children. 

Both in religion and social frame. For more details of this adovsi problems, "Nurul Wustha" trying to clarify what is meant by tentantang Adoption and How the legal status of adopted child (adoption) in Islam? 

There are several terms that are known in the appointment of a child in Indonesia. Appointment of children is often referred to as adoption, which comes from the word adoptie adoption in Dutch or in English. The word adoption means the removal of a child or become like a child of their own children. The term adoption in Arabic is known tabanni, which means taking an adopted child or of having someone as a foster child. While the customary law, relating to adoption are a variety of terms.For example mupu children in Cirebon, ngukut children in the Sundanese of West Java, Meki children in Minahasa. 
Adoption has two senses. First, take someone else's child to nurtured and educated with great care and affection, and treated by the adoptive parents as his own son, without giving him the status of biological children. Secondly, take someone else's child to be given status as biological children, so he is entitled to wear nasab adoptive parents and inherit his assets, and other rights as the child's relationship with parents. 

The existence of diverse term adoption also leads to differences in meaning and legal effect of adoption legal acts.Therefore, the term associated with the adoption law in Indonesia will be presented clearly some sense by Staatsblad 1917 Number 129, Customary Law, Legislation and Law Islam. 

Understanding the adopted child in the legislation of the Republic of Indonesia can be found in Article 1, point 9 of Act No. 23 of 2002 on Child Protection. In this Act provides 
understanding that the adopted child is the child whose rights are transferred from the power of family environment of parents, legal guardian or other person responsible for the care, education and raising the child into the family environment based on the adoptive parents or a court decision. Adoption arrangements in the legislation has progressed compared to the previous existence of child adoption agency. Terms of appointment of the child knows no discrimination of men or women for prospective adoptive parents and prospective adoptive child. Setting the adoption agency is an effort for every child gets the widest possible opportunity to grow and develop optimally both physically and mentally and socially and noble. There are some important things about the adoption arrangements in the legislation that should be presented, namely: First, the adoption can only be done for the best interests of the child and is based on local customs and laws and regulations in force. Second, the removal of the child does not decide the relationship between the child's blood is removed and his biological parents. Third, the prospective adoptive parents must co-religionists with the religion professed by the prospective adoptive child. 

There are two kinds of ways such as raising children namely: First: Someone took someone else's child as his adopted son, because he felt sorry for the boy. Education is not neglected, daily necessities can be hard on, because her parents dihimpit suffering. The old foster child was clearly known and the foster father did not recognize the boy as a child, he was just caring and educated. 

Second: Someone took someone else's child as an adopted child and the child considers as his biological child, and also the removal of the child nasab. Parents were not mentioned at all and directly dinasabkan the foster father. According to Islamic teachings the second way is forbidden, because it is not appropriate under the common sense that someone is denying nasab of abusing his own children and instead recognize someone else's child as his biological child is not born of the coccyx and his wife's womb. This can blur the line of descent and consanguinity. 

In the study of Islamic law, Mahmud Syaltut suggests that there are two senses adoption. First, take someone else's child to be maintained and educated with great care and affection like his own child without given the status of her biological children.Secondly, take someone else's child as his own child and was given status as biological children, so that the right to use the name of the offspring (nasab) adoptive parents and inherit each other inheritance and other rights as a result of the law between the adopted child and the adoptive parents. 

According to Zakaria Ahmad Al-Barry, raising children who desperately need help from others to survive without any legal consequences such as removal of a child age of ignorance is the responsibility of society as a collective and performed by some people as a religious obligation kifayah. Legal changes to Fardhu 'ain if someone found the child abandoned or discarded in a place that is very harmful to the child's life, because the real soul of the human right to be kept and maintained. 

Ulema fiqh agree prohibit adoption practices that have legal consequences such as removal of the child of ignorance, namely removal of children who changed the status of an adopted child becomes a child of their children and cut off relations angkatDalam Islamic law recognizes only the removal of the child in terms of transfer of responsibility to provide a living, educate, maintain and others in the context of worship to Allah SWT. 
Wisdom of pensyari'atan adovsi in Islam is to cancel some ignorant people who diinkari tradition of Islam. They adopt a child who is not from the ribs (not the biological children) and made his biological child. This means that the child is positioned as biological children in various ways, namely in receiving the inheritance, divorce, marriage, prohibition of in-laws, prohibition of marriage, and so forth. 

They adopted another child and he said "you son, I will inherit you, and you inherit me." Like this by the Islamic tradition is canceled and they are not allowed to drag on in his stupidity. In this case God has inspired the Apostles before being appointed to the Prophet to adopt a boy named Zaid bin Harithah according to the tradition of the Arabs prior to Islam.Zaid bin Harithah this by Arabs as a child claims the Prophet Muhammad and they memangilnya called Zaid bin Muhammad. 
Imam Bukhari and Muslim narrated a hadith from Abdullah ibn Umar Allah radliya Anhuma he said, "Zaid bin Harithah is the son of the Apostle and we called Zaid bin Muhammad, so the verse came down: 

ادعوهم لآبائهم هو أقسط عند الله 

It means: "call on them (adopted sons) with the (use) the name of their fathers; That is more equitable in the sight of Allah" (Surah al-Ahzab: 5). 

With the decline of this verse the prophet said to his adopted son, "You son Harithah bin Syarajil". Son adopted by the apostle married to the daughter of great-aunt of the Prophet who named Zaynab Bint al-Asadiyah Jahsyin. They both love and build a palace knit household in a very short time. They were no match and there was a divorce between them. 
Fatwa Ulama Council of Indonesia on child adoption in March 1984 or 1405 Hijri End Jumadil argued as follows: 

Islam recognizes lineage (nasab) is a legitimate child born of the marriage (wedding). Raising a child with the understanding the child's descent breakup (nasab) with father and mother is against Islamic law.The appointment of a child with no change in status nasab and religion, committed in the sense of social responsibility to preserve, nurture and educate them lovingly as their own children is a praiseworthy act and includes charity advocated by religious devout Muslim.  Appointment of Indonesian children by foreign citizens other than conflict with the 45 Constitution also demean the nation. 

From the exposure of the paper, it can be taken several conclusions including: 
Appointment of children in the age of ignorance or before the Prophet Muhammad being the Apostle very different from the removal of the child after the Prophet Muhammad being the Apostle (after prophecy). 

At the time of ignorance nasab adopted child adoptive parents name and remove the name of his biological parents, adopted children inheritance (inherit each other) But after the Prophet Muhammad being the Apostle of all the rule changes, Allah confirms that the adopted child is not the same as biological children. Status of adopted children and biological children are not the same. Any provision held by biological children may not be owned by a foster child. Religion Islam requires the removal and collection of children, to educate, nurture and preserve it. Only nasab children should not be removed. Foster child do not inherit, but she got was borrowed. The authority of the guardianship to marry off stay on his biological parents. Fa al-yandzur ....!