PROSEDUR, HAK DAN KEWAJIBAN PERWALIAN ANAK YATIM DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF

Abstract

Orphans in Islam have a special position and are different from other children. In Islam, providing for orphans is an obligation. The guardian of orphans is the same as the order of guardians in marriage which is referred to the father and his relatives. However, in reality, what happens in most communities is that the guardianship of orphans has not been implemented properly. The purpose of this study is to describe and analyze the procedures, rights and obligations of guardianship in the perspective of Islamic law, the perspective of Positive law and in the perspective of Islamic law and the perspective of Positive law. In order to achieve these objectives, the research was conducted using a literature approach, this approach will obtain data findings that cannot be achieved using other methods. The aim is to provide an understanding of the context and conditions by using the descriptive study being studied. For further research studies, using a literature approach to collect data from relevant reference sources such as journals, websites, books, and other sources. This type of research is normative research that has a literature study framework. In this study, the author uses a descriptive analysis research type, namely collecting data, then from the data it is compiled, analyzed, and then conclusions are drawn by providing a systematic description of statistics that exist in the views of Islamic law and positive law. Based on the results of the study, namely the Procedure, rights and obligations of guardianship in Islamic law that guardianship is only for children who have not reached adulthood and have never been married where guardianship of orphans is for the property and person of the orphan and the guardian is taken from the child's family or another person who has been appointed through a will.

Keywords: Rights, Islamic Law, Positive Law, Obligations, Guardianship of Orphans