Posted by Scientific Insights on Wednesday, July 2, 2014
A. Introduction
Children who are entrusted mandate of Allah, he also is a great gift that God gave to his servant, even by some people say that children are the most valuable assets in comparison with the wealth of other possessions. This means that the child is the only property that is unmatched price. So now, not a few people who wanted the birth of a child, especially for those who are married both among the rich and the poor. They want to have a baby soon.
The one that makes the child as a great gift if seen from the family life is the son of a fruit of the heart that in time he is expected by his family either to continue the descent path and to maintain the assurance of a wealth of family possessions. And more than that, if viewed from the side of the life of a nation and a country, children are the heirs and at once a portrait of the future of the nation in the future and the next generation the ideals of the nation.
However, of the many people who want birth of a child of his own flesh and blood, apparently not everyone is able to do so. The hard work they do for the creation of a fetus in the womb apparently doesn't rewarding at all but only a sense of tired are sustained. Restless and agitated eventually envelop themselves, because fears are not able to continue the family line.
Departing from here that finally emerged a household problem, a pair of lovers who failed in one of the missions of his life (having children), which implies the cessation of family lineage and is no guarantee of family wealth. Therefore, alternative measures taken was the adoption. Adospsi is raised other people's children to serve as child legally. By some others say with a view to further narrow that the adoption is to take a child who has clearly their lineage to serve as his son with establish lineage to himself. So with such action, then the child is taken last regarded as his own child and severing ties of kinship of the kids had their own biological parents. And of course the boy will get the same treatment as biological children both in terms of love, affection, and in terms of inheritance.
The tradition of adoption in terms of both that gives the status of the adopted child the same as biological children had written his constitutions in the Code Of Hammurabi which is the oldest book of laws in the world contained in the days of Babylon about 21 centuries BCE. Similarly in the codification of Roman law is the oldest known under the laws of the twelve Sections (Twelve Tables) or the law of the King (The Law Of The King) about 450 years before the next century these laws became the basis of the legal system that ispracticed in countries that adhere to the European continental systems, including Indonesia. Precisely the tradition of adoption in the sense of both happened in the days before Islam and early Islam. Even that tradition has also been practiced by the Prophet before he received his apostolate. The after receiving his apostleship, the practice of child adoption in terms of both finally canceled by QS Al-Ahzab: 4, 5, & 40.
B. Problem Formulation
From brief background of the authors has been presented above, the author tries to limit this discussion to only two principal issues:
1. How law raised the child, according to al-Qasimi?
2. How the legal status of adopted children in terms of inheritance according to al-Qasimi?
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