AL-LAQIT: HAK-HAK ANAK PUNGUT DI BAWAH UNDANG-UNDANG ISLAM DAN UNDANG-UNDANG SIVIL DI MALAYSIA
Al-Laqīṭ: The Rights of the Foundlings under Islamic and Civil Law in Malaysia
DOI:
https://doi.org/10.22452/js.vol27no1.1Keywords:
foundlings,, custody, maintenance, self-identity, Islamic Law, Civil LawAbstract
The basis of the discussion in this article is the protection of the abandoned children or foundlings (al-laqīṭ ) that covered aspects namely custody, maintenance as well as self-identity. The discussion of foundling’s identity is related to his/her status as a free person (not slave), religion and lineage are based on Islamic principle that had been examined by distinctive jurists from different school of jurisprudences. This study utilized document analysis approach, scrutinizing Islamic jurists’ views as well as Malaysian law provisions on these issues. In Malaysia, aspects of custody, maintenance, and identity of the foundlings are handled differently from Islamic law pertaining to these issues, because matters related to the foundlings are under civil law jurisdiction, for instance, Child Act 2001 and Registration of Births and Deaths Act 1957, and the first institution that deals with the foundlings is the Department of Social Welfare. The law provisions under Acts/ Enactments of Islamic Family Law in Malaysia in relation to the foundlings are only relevant when the foundlings are adopted by the Muslim adoptive parents.
Downloads
Downloads
Published
How to Cite
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
COPYRIGHT: All rights reserved. Not allowed to be reproduced any part of articles and contents of this journal in any form or by any way, whether electronic, mechanical, photocopying, recording or otherwise without permission in writing from the Chief Editor, Jurnal Syariah.