Lhokseumawe Shari'a Court Determination No. 14 of 2014: Child Adoption

The applicants were married on 23 August 2013 but had no children of their own. They applied to the court to be granted legal custody of Muhammad Daud bin Bukhari (DOB: 2 February 2002), whom they had cared for and raised since the age of 2.

In its decision, the court acknowledged that the applicants had already cared for and raised the child from an early age, and that they had given him his name. Using its vested power, pursuant to art 49 of Law No. 3 of 2006, as well as figure (20) of the elucidation therein, the court acknowledged that it was authorised to adjudicate applications for child adoption. Moreover, it cited surat Al-Ahzab, verses 4 and 5, in support of the adoption of children in need, but not at the expense of forgetting their own biological lineage. Pursuant to art 39(1) and (2) of Law No. 23 of 2002 on Child Protection, in conjunction with art 12(1)(a)-(d) and (2)(a), as well as art 13(a)-(i) and (l) of Government Regulation No. 54 of 2007 on the Implementation of Child Adoption, the court acceded to the applicants' request to be granted lawful custody of the child. Their application was also assented to by the child's biological mother (his biological father had already passed away).

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