Transformasi Fiqh Hadhanah dalam Undang-Undang No. 23 Tahun 2002 Tentang Perlindungan Anak

SUDARMAWAN, M. INDRA (2009) Transformasi Fiqh Hadhanah dalam Undang-Undang No. 23 Tahun 2002 Tentang Perlindungan Anak. Other thesis, University of Muhammadiyah Malang.

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Abstract

The research aimed to find out transformation of Fiqh Hadhanah Material in Rule No. 23 / 2002 about Child Protection also to find out sistematic structural and functional relation between Fiqh Hadhanah with Rule No. 23 / 2002 about Child Protection. The research used qualitative approach by deductive data analysis, which came from special data, in this, the writer describe data or facts whether in definition or concept about Rule No. 23 / 2002 about Child Protection and Fiqh Hadhanah, so that could be concluded in special way. There was also comparative way, that was compared material substance of Rule No. 23 / 2002 about Child Protection and Fiqh Hadhanah, so that there could be concluded relevance of Rule No. 23 / 2002 about Child Protection and Fiqh Hadhanah. The research showed that transformation of Fiqh Hadhanah material substance into Rule No. 23 / 2002 about Child Protection, there could be found that Rule No. 23 / 2002 about Child Protection focused on technical support in Hadhanah application in Hadhanah problem development in this era. By viewing Islamic law role in national law development, there was some phenomena met in the practices. First, Islamic law treated as positive law for Islamic communities. Second, Islamic Law roled as value source which gave contribution to the rule made. That’s why the rule had general attitude, didn’t consider the religion difference, so that Islamic law could be applied to all citizens and people. So that Rule No. 23 / 2002 about Child Protection could be seen as transformation of Fiqh Hadhanah which had wider scope, not only in family, but also larger role in child protection. Rule No. 23 / 2002 about Child Protection material, Islamic Law Compilation and Rule No.1 / 1974 about marriage were implementation of Fiqh Hadhanah. In this, there also found that Fiqh Hadhanah transformation should made the people obey it since the purpose is better life for the society.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Islamic Studies > Department of Syariah
Depositing User: Anggit Aldila
Date Deposited: 30 Jun 2012 04:46
Last Modified: 30 Jun 2012 04:46
URI: http://eprints.umm.ac.id/id/eprint/10467

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