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Registration of Adoptions Act 1952: towards harmonisation of adoption laws governing Muslims and non-Muslims in Malaysia

Mohd, Azizah and Mohd Zin, Najibah and A.Kadir, Nadhilah and Abdul Manaf, Zati Ilham (2023) Registration of Adoptions Act 1952: towards harmonisation of adoption laws governing Muslims and non-Muslims in Malaysia. In: Harmonisation of Shari'ah and Law: Approaches and Progress. Harun M. Hashim Law Centre, Kuala Lumpur, Malaysia, pp. 155-176. ISBN 978-967-2424-46-8

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Adoption can be simply understood as taking the child of another into a person’s custody and care as his own child. The effect of legal adoption changes the status of the adopted child from the child of one person to the child of another person. In Islam, this kind of adoption is known as ‘tabanni’ and is strictly prohibited. On the other hand, Islamic law recognised and enjoined foster parenting to provide help and assistance to children in need of protection and family, without affecting the biological status of a child. It is obvious that in the spirit of this nature of adoption and foster parenting, the law governing adoption in Malaysia was enacted to cater to the multiracial society considering both religious and cultural limitations when dealing with adoption. It follows that the Registration of Adoptions Act 1952 was enacted to govern a de facto adoption of children for both Muslims and non-Muslims. This paper seeks to examine the laws regulating adoption in Malaysia, especially under the Registration of Adoptions Act 1952 which seems to harmonise the Islamic and Civil law so as to make it applicable to both Muslims and non-Muslims. Examination extends to other laws that specifically govern the non-Muslims and the Muslims on adoption, such as the Adoption Act 1952 as well as provisions under the Islamic Family Law of the state enactments.

Item Type: Book Chapter
Uncontrolled Keywords: adoption, tabanni, fostering, the law in Malaysia, Registration of Adoptions Act 1952, harmonisation of law
Subjects: BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General) > BPK78 Usul al-fiqh > BPK109 Sources of Islamic law > BPK121 Ijtihad > BPK125 Applicability of Ijtihad. Instances of application > BPK125.2 Harmonisation of Shari’ah and law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws
Depositing User: Dr Azizah Mohd
Date Deposited: 19 Sep 2023 11:48
Last Modified: 11 Jan 2024 10:17
URI: http://irep.iium.edu.my/id/eprint/106506

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