التبني في الفقه الإسلامي والقانون البروناوي

Abstract

Adoption was being practiced so long since jahiliyah’s era, and until now it’s being practiced in many different countries including Brunei Darussalam itself. Clearly, the adoption is forbidden after the revelation of verse ﴾  ﴿, but it is allowed with terms and conditions that will be explained by the researcher. The researcher has chosen this topic because there is so many problems regarding adoption, and to inform people about its provisions from Islamic view and Brunei law and its implementation. Moreover, the researcher chose this because to add up people knowledge about adoption in different angles such as the division of properties in Islamic way, the socialization between the adopted child and the adopter, and so on. The adopt child doesn’t have the same right as the real child, but do they have the obligation to obey the adopting parents? Does the adopter or the adopted child has to give sustenance between them? The author has divided this academic study into four parts. First part is about the meaning of adoption, provisions and reasons to adopt. Second part will be discussing about the socialization between the adopter and the child. The third part will explain the division of properties in Islam and lastly, it is about implementation of adoption both in Syari’ah and Civil court and the law that is used by both courts.