Filiation and the protection of parentless children (Malaysia)

Filiation (nasab) under Islamic law generally refers to lineage or descent from a marriage relationship, be it maternal or paternal. Nevertheless, a mere maternal lineage without mar-riage may not confer nasab to a child. Therefore, paternal lineage is very significant in a child’s life as it safegu...

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Main Author:	Mohd, Azizah
Other Authors:	Yassari, Nadjma
Format:	Book Chapter
Language:	English
Published:	T.M.C. Asser Press (Springer) 2019
Subjects:	KBP Islamic Law
Online Access:	http://irep.iium.edu.my/74956/ http://irep.iium.edu.my/74956/ http://irep.iium.edu.my/74956/1/74956_Filiation%20and%20the%20protection%20of%20parentless%20children%20%28Malaysia%29.pdf

id	iium-74956
recordtype	eprints
spelling	iium-749562020-01-30T04:15:41Z http://irep.iium.edu.my/74956/ Filiation and the protection of parentless children (Malaysia) Mohd, Azizah KBP Islamic Law Filiation (nasab) under Islamic law generally refers to lineage or descent from a marriage relationship, be it maternal or paternal. Nevertheless, a mere maternal lineage without mar-riage may not confer nasab to a child. Therefore, paternal lineage is very significant in a child’s life as it safeguards the status conferred upon the child through its father within a family. Adoption, on the other hand, can be understood as taking the child of another into a person’s custody and care as one’s own child. Adoption thus changes the status of the child from the child of one person to the child of another person and confers nasab to the child through the child’s adoptive father, or parent. In Islam, this kind of adoption is known as ‘tabanni’ and is prohibited. On the other hand, Islamic law recognizes and encourages foster parenting so as to provide help and assistance to children in need of protection, without affecting the status of the child. In this spirit, adoption law in Malaysia was enacted with the aim of catering to a multiracial society and taking into account both religious and cultural limitations. Thus, in Malaysia the law on adoption is regulated in two Acts: (i) the Registra-tion of Adoptions Act 1952, governing both Muslims and non-Muslims and (ii) the Adop-tion Act 1952, governing only non-Muslims. This paper explores the practice and law of filiation and adoption as governing Muslims in Malaysia. It examines the legal provisions and seeks to assess whether the law provides for a balanced approach in line with Islamic law while at the same time providing means and alternatives for child protection especially for parentless children. T.M.C. Asser Press (Springer) Yassari, Nadjma Moller, Lena-Maria Najm, Marie-Claude 2019 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/74956/1/74956_Filiation%20and%20the%20protection%20of%20parentless%20children%20%28Malaysia%29.pdf Mohd, Azizah (2019) Filiation and the protection of parentless children (Malaysia). In: Filiation and the Protection of Parentless Children: towards a social definition of the family in Muslim jurisdiction. T.M.C. Asser Press (Springer), The Netherlands, pp. 205-230. ISBN 978-94-6265-310-8 https://www.springer.com/de/book/9789462653108
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP Islamic Law
spellingShingle	KBP Islamic Law Mohd, Azizah Filiation and the protection of parentless children (Malaysia)
description	Filiation (nasab) under Islamic law generally refers to lineage or descent from a marriage relationship, be it maternal or paternal. Nevertheless, a mere maternal lineage without mar-riage may not confer nasab to a child. Therefore, paternal lineage is very significant in a child’s life as it safeguards the status conferred upon the child through its father within a family. Adoption, on the other hand, can be understood as taking the child of another into a person’s custody and care as one’s own child. Adoption thus changes the status of the child from the child of one person to the child of another person and confers nasab to the child through the child’s adoptive father, or parent. In Islam, this kind of adoption is known as ‘tabanni’ and is prohibited. On the other hand, Islamic law recognizes and encourages foster parenting so as to provide help and assistance to children in need of protection, without affecting the status of the child. In this spirit, adoption law in Malaysia was enacted with the aim of catering to a multiracial society and taking into account both religious and cultural limitations. Thus, in Malaysia the law on adoption is regulated in two Acts: (i) the Registra-tion of Adoptions Act 1952, governing both Muslims and non-Muslims and (ii) the Adop-tion Act 1952, governing only non-Muslims. This paper explores the practice and law of filiation and adoption as governing Muslims in Malaysia. It examines the legal provisions and seeks to assess whether the law provides for a balanced approach in line with Islamic law while at the same time providing means and alternatives for child protection especially for parentless children.
author2	Yassari, Nadjma
author_facet	Yassari, Nadjma Mohd, Azizah
format	Book Chapter
author	Mohd, Azizah
author_sort	Mohd, Azizah
title	Filiation and the protection of parentless children (Malaysia)
title_short	Filiation and the protection of parentless children (Malaysia)
title_full	Filiation and the protection of parentless children (Malaysia)
title_fullStr	Filiation and the protection of parentless children (Malaysia)
title_full_unstemmed	Filiation and the protection of parentless children (Malaysia)
title_sort	filiation and the protection of parentless children (malaysia)
publisher	T.M.C. Asser Press (Springer)
publishDate	2019
url	http://irep.iium.edu.my/74956/ http://irep.iium.edu.my/74956/ http://irep.iium.edu.my/74956/1/74956_Filiation%20and%20the%20protection%20of%20parentless%20children%20%28Malaysia%29.pdf
first_indexed	2023-09-18T21:46:05Z
last_indexed	2023-09-18T21:46:05Z
_version_	1777413458928599040

Filiation and the protection of parentless children (Malaysia)

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