The status of children born out of wedlock and adopted children in indonesia: interactions between islamic, adat, and human rights norms

No. Panggil :	eja-21-0658
Nama Orang :	Nurlaelawati, Euis Huis, Stijn Cornelis Van






Penerbitan :	[Place of publication not identified] : Cambridge - Crime, 2019

Info Lainnya

Abstrak	This article examines the cases of children born out of wedlock and adopted children with the aim of depicting the mechanisms through which the concepts of biological fatherhood, derived from the human-rights framework, and adoption, derived from the customary law framework, have been adopted into Indonesian Islamic family law. We argue that the introduction of external concepts into family law pertaining to Muslims requires an adaptation process in which the relation between these external concepts and core Islamic family law concepts is determined. In the case of children born out of wedlock, this adaptation to core Islamic norms means that biological fatherhood does not lead to a full legal father-child relationship, despite a 2012 Constitutional Court ruling establish ing that children born out of wedlock have a civil relationship with their biological father. In the case of adoption, it means that there is no full adoption, despite recognition of cus tomary adoptions under Indonesian law. We argue that in a context of strong support for a religion-based family law, reforms tend to take the form of conditions or exceptions to core religious concepts, as replacing these concepts altogether would be perceived as jeopardizing the religious character of the law. While attempts to replace core Islamic family law concepts will inevitably meet strong resistance, there is much more tolerance for introducing family law reforms that aim at changing the way that Islamic concepts are applied in practice.
Entri Tambahan Nama Orang
001 Hak Akses (open/membership)	membership
Kata Kunci	This article examines the cases of children born out of wedlock and adopted children with the aim of depicting the mechanisms through which the concepts of biological fatherhood, derived from the human-rights framework, and adoption, derived from the customary law framework, have been adopted into Indonesian Islamic family law. We argue that the introduction of external concepts into family law pertaining to Muslims requires an adaptation process in which the relation between these external concepts and core Islamic family law concepts is determined. In the case of children born out of wedlock, this adaptation to core Islamic norms means that biological fatherhood does not lead to a full legal father-child relationship, despite a 2012 Constitutional Court ruling establish ing that children born out of wedlock have a civil relationship with their biological father. In the case of adoption, it means that there is no full adoption, despite recognition of cus tomary adoptions under Indonesian law. We argue that in a context of strong support for a religion-based family law, reforms tend to take the form of conditions or exceptions to core religious concepts, as replacing these concepts altogether would be perceived as jeopardizing the religious character of the law. While attempts to replace core Islamic family law concepts will inevitably meet strong resistance, there is much more tolerance for introducing family law reforms that aim at changing the way that Islamic concepts are applied in practice.
ISSN
Tahun Terbit	2019
No. Induk	eja-21-0658
Entri Sumber Data	Cambridge - Crime
Entri Utama Nama orang	Nurlaelawati, Euis; Huis, Stijn Cornelis Van
Volume, Nomor, Tahun dan Hlm.	vol. 34, no. 3, p. 336-382
Entri Utama Nama Badan
Barcode	eja-21-0658
Subjek Topik
Judul Utama	The status of children born out of wedlock and adopted children in indonesia: interactions between islamic, adat, and human rights norms
Kode Bahasa	eng
Sumber Koleksi	Perpustakaan Nasional