An appraisal of child protection through adoption under Malaysian registration of adoptions Act 1952 and Kafalah in Morocco

Mohd, Azizah and A. Kadir, Nadhilah (2021) An appraisal of child protection through adoption under Malaysian registration of adoptions Act 1952 and Kafalah in Morocco. In: Contemporary Issues in Islamic Family Law, Property and Finance: Towards Achieving Maqasid al-Shariah. Department of Syariah Judiciary Malaysia & Ahmad Ibrahim Kulliyyah of Laws, IIUM, Putrajaya, pp. 171-198. ISBN 978-967-0870-86-1

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Abstract

This paper deals with the Islamic perspective on child protection for parentless children in Malaysia and Morocco through adoption and kafalah, respectively. As regards adoption in Malaysia, this paper seeks to examine adoption as the means of child protection based on the law and practice of adoption for Muslims in Malaysia, particularly in the Registration of Adoptions Act 1952 (RAA). The paper further investigates the kafalah system in Morocco so as to provide a comparative overview of child protection for parentless children in a Muslim country. Furthermore, the paper examines the significant differences of the legal framework for adoption for Muslims in Malaysia and kafalah system in Morocco. Finally, the paper provides suggestions for improvement of adoption under the RAA as an alternative care option for parentless children in Malaysia. This study also found that family based care, such as adoption, foster care and kafalah is often preferred when deciding a placement for parentless children instead of an institutional setting. The paper adopts a qualitative research primarily based on a library research.

Item Type:	Book Chapter
Uncontrolled Keywords:	adoption, kafalah, foster care, child protection, alternative care
Subjects:	K Law > KBP Islamic Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Depositing User:	Dr Azizah Mohd
Date Deposited:	28 Apr 2021 14:30
Last Modified:	20 May 2021 11:56
URI:	http://irep.iium.edu.my/id/eprint/89566

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