Academic literature on the topic 'Foundlings (Islamic law)'

AbstrakSalah satu dampak menurunnya moral masyarakat ditandai dengan meluasnya pergaulan bebas yang berakibat semakin banyaknya bayi-bayi yang lahir di luar perkawinan. Berkaitan dengan itu maka isu utama yang hendak dibahas di sini adalah konsep anak temuan (anak laqith) menurut perspektif hukum Islam serta implikasinya dalam hal nasab danperwalian. Menurut hukum Islam anak temuan dapat di-nasab-kan kepada orang yang menemukan dengan jalan pengakuan sehingga anak temuan tersebut telah menjadi anak sah sebagaimana anaknya sendiri. Khusus terhadap anak temuan perempuan, perwaliannya tetap berada pada orang yang telah menemukan dan mengakuinya dan jika anak tersebut hendak melangsungkan perkawinan maka yang menjadi walinya adalah orang yang telah menemukan dan mengakuinya.AbstractMoral deterioration in society is characterized by widespread promiscuity resulting in the increasing number of babies born out of wedlock. In this regards, the main issue to be discussed here is the concept of foundlings (laqith in Islamic law) viewed from the perspective of Islamic law and its implications in terms of nasab and guardianship. According to Islamic law, foundlings can be brought a family relationship could be established between a foundling and the person who found the child and recognized that the foundling has become a legitimate child of his own. In a particular case where the foundling is a girl, the guardianship remains in people who have found her and acknowledged her as if she was his own child. When the child is about to enter into marriage, the person who found and acknowledged her would be legitimately her marriage guardian.

This study presents the examples of the Umayyad and Abbasid periods of the measures taken by the state, and the inspections carried out by the state organs to pay attention to the health and care of animals and protect their rights in Islamic History. In addition, examples from the Prophet Muhammad, who raised awareness for the protection of animals during these periods, and from the period of the Four Caliphs, during which some important work was carried out on a state basis, were also included. While other studies on animal rights are mostly considered in terms of Islamic Law, this research is important in terms of revealing that the measures for the protection of both animal rights and health in Islamic History were provided not only by religious and social norms but also by regulations made at the state level. While researching the subject, more than 100 works were examined by using the document analysis method, firstly the Qur'ān and hadith sources, and then sārah, maghāzī, tabaqāt, and general history books, which are the first sources of Islamic History. In addition, recent studies on Islam and animals were also examined, and all the data obtained were evaluated with the inductive method, and relevant results were reached. In the Qur'ān and Sunnah, it is stated that animals are living beings and that they live in an ummah/clan like human beings, and their rights to life, nutrition, shelter, reproduction, etc. should be protected by humans. Muslims, who continued the principles of the Qur'ān and the Prophet Muhammad, showed the necessary sensitivity when making use of animals in daily life. During the period of four caliphs, with the statehood of Islam, state regulations that protected not only people but also animals were enacted, and those who had attitudes and behaviors that would harm them were punished. During the period of Four Caliphs regulations were legislated that protected both people and animals, and those who harmed them were punished. Necessary punishments were given by controlling the behaviors such as overloading the animals, not resting the animals after traveling four parasangs, wearing jewelry that would harm their bodies, putting a stamp on their faces, killing them unnecessarily, and mistreating sacrificial animals. The Prophet's orders not to harm animals, plants as well as women, children, and the aged in wars were continued during the period of the Four Caliphs, and the caliphs warned their commanders about the same things. During the Umayyad and Abbasid periods, the regulations on the protection of animals were expanded, and their supervision was given to muhtasibs and their assistants in the hisbah organization. The muhtasibs prevented situations that pose a danger to animals and cause harm by conducting inspections of all occupational groups where animals were used. Also, it was among the duties of the muhtasibs to ensure that the foundling animals were fed so that they would not die of hungry and thirst. Muhtasibs also regularly supervised veterinarians (baytars) who opened clinics in bazaars to treat animals. Muhtesips supervised the behaviors of veterinarians, such as not abusing their duties, not using wrong treatment methods, and not using unnecessary violence to animals while applying the treatment. In order to protect animal health in Islamic civilization, a part of the palace stables was separated as clinics, and mobile clinics were established on the road routes to provide emergency treatment services to sick animals during journeys. Caliphs and governors had taken necessary measures to protect domestic animals, wildlife, and the ecosystem. Umayyad caliph al-Walid b. Abdulmalik (705-715) sent four thousand male and female buffaloes between Antioch and al-Massāsa because predatory animals could not find food and attacked people, and ensured that the buffalo population increased.