Perwalian Anak Angkat yang tidak diketahui Orang Tuanya dalam Perkawinan Persfektif Fiqih dan Khi

ABSTRACT

Researcher in this research study about trusteeship of more majored by foster child at trusteeship in marriage. In natural disaster, it is of course will result losing of family estae goodness and others. With reason of like that's this research is executed, because of losing of family particularly again losing of in children time which still not yet recognized family. And caused by how the trusteeship if the child do not know his family.

In this research, writer use comparasion method comparing between KHI and fiqih steming from book related with this topic.

Various law rule which exist protection and children welfare has been covered but in the other hand appear in plain view about working in self supporting education sector for conquering the minimum education which received by society especially children who maybe still under poverty line. Adoption can be a good solution if directed for repairing education sector and increasing children welfare who under poverty line.

But in the other hand, how Moslem and Moslem civil law which in this problem Moslem Law Compilation percepting this problem. Adoption basically is the way for giving proper life for the child whose parent can’t afford his/her life, either for food, education or other life.

Yet, in marriage need feather who in this problem for the bride. Marriage in Moslem needs feather, also including in KHI. And certainly will be easy if the adoptive child still having parent, or family who still exist. And different the problem with adoptive child who doesn’t known the origin of the parent, who maybe can be resulted by disaster like earthquake and tsunami wave which destroy building and many victims died.

We will be easy if the parent or adoptive child’s family still exist to looking for who will be the feather of marriage in the child’s marriage. Yet how Moslem and civil law Moslem give solution for this problem.

There is many similarities but the different betwen fiqih concept and KHI can be find too

Generally, it is not forbid whoever for adopting child and being parent in law be feather with reason parent in law and the child still family and is the nearest family who still alive if the real parent have been died. And even that is which must be the feather. And will be very different if the adoptive child doesn’t known the family because being adopted since still little which is victim from disaster which separating the child with the real parent.