التبني بين الشريعة والقانون البروناوي

Abstract

Before the advent of Islam, the Jahiliyans have practiced the adoption culture and regard them as their own children where there is no difference between them in terms of generations, rights, association, and so on. So far, the adoption culture has been practiced in several countries including Brunei Darussalam itself. However, this culture is not the case at all but with some procedures, conditions, reasons and specified provisions. With this Scientific writing aims to debate and explain more about the adoption of children in terms of Islamic perspective for example in terms of law, terms and related matters such as the limitations of the relationship between the adopted child and the raised parents, the distribution of the estate after the occurrence of death, the right of the child to be raised and the right of parents to raise him and so forth. At the same time this writing can also explain how this is practiced in accordance with the law especially in our country of Brunei Darussalam. Thus the Scientific writing will be divided into four parts: the first: the understanding of adopted children, the laws of adoption and the reasons related to them. Second, the difference in state of affairs in certain cases. The third mention of the rights of heirs and wills between the two and the latter on the adoption of children practiced in the Syariah Court and Civil Courts in Brunei Darussalam.