التطبيقات الحديثة للتبني في سنغافورة: دراسة فقهية نقدية

Abstract

It is the nature and structure of Islamic Sharia to preserve family law. Adoption of children in the Jahiliyyah era was prohibited as the status of an adopted child was considered the same as the status of the biological children in terms of lineage and inheritance. However, the perception of adopted children nowadays has changed after the advent of Islam. With time, society has also progressed and made drastic improvements on adoption. Extra steps like adoption disclosure has made adoption more acceptable in the eyes of the muslims. It focuses more on the upbringing and needs of the adopted child without equating his rights with the rights of a biological child. This thesis focuses on the comparison of adoption law from the point view of Shariah and the Islamic Law of Singapore. This is because the Islamic Religious Council of Singapore (MUIS) has recently issued a fatwa on the limits of modesty between the adopted children and their adoptive families. This writing aims to show the legal ijtihad of other countries so that students can be more open minded and explain more widely about adopted children if one happened to practice it one day. Moreover, students may gain knowledge on what relates to the provisions of adoption. This writing also consists of three important elements. Firstly: Explanation of the law of adoption in Islam and things related to it in detail. Secondly: The Islamic alternative to adoption and how it is being practiced in Singapore. And thirdly: Writer’s opinion upon practicing Singapore’s fatwa on adoption.