أحكام مال اليتيم في الفقه الإسلامي والقانون الإندونيسي: دراسة مقارنة

Abstract

The purpose of this study is to study the povisions of th elaw of orphan property in Islamic jurisprudence and Indonesian law, in order to clarify these provisions and draw attention to the problems related to the care of orphans' property in Indonesian society. The researcher examines the books of the doctrines of jurisprudence to find out the provisions related to the care of orphans' funds and compares them with what is practiced in Indonesian laws. The most important of these are the family law (No 1, 1974), the civil law (No 23, 1947) the child protection law (no 35, 2014) and the zakat law (No 23, 2011). The research concluded that there are many similarities between Islamic jurisprudence and the provisions of Indonesian law. There are also some differences, the most important of which is the age of majority, the investment of orphans' property in the purchase of rib-based bond, and the issue of the adopted children and the sons of adultery.