Status of Adopted Child Turned into Mahram According to Syafi'i Fiqih

Muhammad Al-Furqaan, Muhammad Al Mustafa
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引用次数: 1

Abstract

Adopted children who have grown up will have certain genitalia boundaries with adoptive parents. This causes the role of adoptive parents to not be realized optimally and the rights of adopted children cannot be fully fulfilled. Conversely, when adoptive parents do not pay attention to Islamic values in the practice of adopting children, this is also strictly prohibited in religion, and is considered very fatal, because it is included in the practice of tabanni during the Jahiliyya era. This research was conducted to answer problems that are currently occurring in the practice of adoption, in the form of what is the status of adopted children in Islam, how is the process for adopted children being made mahram status according to Syafi'i fiqh, and what is the law that applies to adopted children. This research is included in the category of library research. The author uses a normative approach that is descriptive in nature. The results of the research are presented by the author in the form of solving problems that occur between adoptive parents and adopted children by changing the status of adopted children to become mahrams, namely: by breastfeeding when they are child, adopting children from husband or wife relatives, and marrying adopted children. Furthermore, when the status of an adopted child has been changed to that of a mahram, then what has legal consequences is only the boundaries (aurat) of the adopted child. Meanwhile, in matters of inheritance, marriage guardianship, and lineage, nothing changes even though the adopted child has the status of a mahram. However, considering that their relationship is familiar and since childhood the adopted child has been with the adoptive parent, feeling that something is missing if the adopted child's rights are differentiated from those of his biological child, then the solution that can be made for inheritance is a mandatory will or inheritance testament so that the adopted child can still feel the inheritance those left behind and taukil marriage guardians to adoptive parents for matters of marriage guardians so that they can feel the guardianship of their adoptive parents. As for the issue of lineage, this cannot be contested in any way, because pure lineage was given by biological parents which cannot be changed even by tabanni.
根据Syafi'i Fiqih的说法,被收养的孩子变成了Mahram
已经长大的被收养的孩子会和养父母有一定的生殖器界限。这就导致了养父母的作用没有得到最理想的发挥,被收养儿童的权利不能得到充分的实现。相反,当养父母在收养孩子的实践中不注意伊斯兰价值观时,这在宗教中也是严格禁止的,并且被认为是非常致命的,因为它被包括在Jahiliyya时代的tabanni实践中。这项研究是为了回答目前在收养实践中出现的问题,其形式是被收养的儿童在伊斯兰教中的地位是什么,根据伊斯兰教法,被收养的儿童被赋予圣女地位的过程是如何进行的,以及适用于被收养儿童的法律是什么。本研究属于图书馆研究范畴。作者使用了一种规范性的方法,本质上是描述性的。作者将研究成果以解决养父母与被收养儿童之间存在的问题的形式呈现出来,即通过将被收养儿童的身份改变为玛赫拉姆,即:在儿童时期进行母乳喂养,从丈夫或妻子亲属处收养儿童,以及与被收养儿童结婚。此外,当一个被收养的孩子的地位被改变为mahram时,那么具有法律后果的只是被收养孩子的边界(aurat)。与此同时,在继承、婚姻监护、血统等问题上,即使被收养的孩子拥有圣女的地位,也不会改变。但是,考虑到他们之间的关系是熟悉的,而且收养儿童从小就与养父母在一起,认为如果将收养儿童的权利与其亲生子女的权利区分开来,就会缺少一些东西,那么对于继承可以做的解决办法就是立一份强制遗嘱或继承遗嘱,让被收养的孩子仍然能感受到遗赠的继承权,并向养父母告知婚姻监护人关于婚姻监护人的事宜,让他们感受到养父母的监护。至于血统问题,这是没有任何争议的,因为纯粹的血统是由亲生父母赋予的,即使是tabanni也无法改变。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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