Child Adoption in Modern Islamic Family Law: A Comparative Study of Child Adoption in Turkey, Morocco, and Indonesia

Abstract

One of the academic gaps in the study of child adoption in Muslim-majority countries lies in the diverse interpretations and applications of Islamic law, particularly in balancing religious principles with modern legal frameworks. While adoption is widely practiced, its legal recognition and implementation vary significantly across Muslim countries. This study focuses on the adoption regulations in Morocco, Turkey, and Indonesia, three countries that represent distinct approaches to integrating Islamic family law with national legal. This research is a library study, using a juridical-normative approach to examine literature and related national regulations. The article is discussed comparatively, referring to the theory of Prof. Mr. Lodewijk Wilem Christian van den Berg (1845-1927), a Dutch legal scholar who argued that Islamic law should fully apply to all Muslims. The findings indicate consistency with Anderson's perspective on the reform of Islamic law. Differences in the regulation of child adoption in Turkey, Morocco, and Indonesia reflect varying interpretations and implementations of Islamic law in different Muslim countries. Turkey has undergone the most significant changes by adopting a more secular legal system, while Morocco has reformed family law to maintain fundamental Islamic principles with adjustments to meet modern societal needs. Indonesia continues to uphold many traditional aspects of Islamic law in adoption regulations, despite efforts to protect the rights of adopted children in accordance with the best interests of the child principle. This study contributes to the understanding of the flexibility of Islamic law in adapting to modernity and its implications for child rights protection. The findings can serve as a reference for policymakers in designing more inclusive regulations aligned with the best interests of the child.