Azizah Mohd

Protection of Rights of Adopted Children in Relation to Duties of Adoptive Parents Under the Law in Malaysia

The relationship between parents and children can be established either through “blood,” marriage, or adoption. This relationship gives rise to certain rights and obligations. This article seeks to examine the protection of those rights of adopted children under the law in Malaysia and to evaluate the extent to which the law protects the rights of adopted children. This article will also examine whether the law in Malaysia imposes certain duties on the adoptive parents in fulfilling such rights.

Adoption as a means of child protection: the law and practice in Malaysia

Adoption in Malaysia is of two kinds; firstly, taking the child of another as a persons own child, where as a result, the adopted child will stand in equal footing with the natural children of the adoptive parents; and secondly, taking a child of another into a persons custody without affecting the biological status of the adopted child. This article wishes to discuss the law and practice of adoption in Malaysia as one of the means of child protection. The article will also examine as to whether the law is adequate to protect children who are the subjects of adoption.

The Child’s Right to Maintenance: The Extent of the Family’s Responsibilities in Islamic Law and According to the Family Law Provisions of Muslim Countries

The relationship between parents and children is a strong, ineluctable one. It has a profound, emotional effect on both, as it is based on blood and lineage. The child-parent relationship gives rise to mutual rights and duties. These rights relate to the person of the child: for protection, care and maintenance. This article will examine the rights of children to maintenance. It will examine the law applied in Malaysia and several Muslim countries: Morocco, Jordan, Syria, Kuwait and Qatar. It will identify the family relationships which have particular responsibility to provide maintenance to children, and examine the extent of the obligation, and the entitlement of children to such rights. This article also aims to investigate the extent of the role of family law institutions in safeguarding such rights of children. Where appropriate, it will make suggestions for the improvement of relevant Islamic statutory provisions in Malaysia.

Protecting the Spousesâ Interest (Maslahah) in Cases of Defects through the Application of the Islamic Principle of Harm

Two crucial elements serve as the objective of Islamic legal rulings are the achievement of interest (maslahah) and the repulsion of harm (mafsadah). This paper seeks to examine the juristic views of different schools of laws in Islam on the application of the Islamic principle of harm in protecting the interest of spouses in cases of defects. For comparative purpose, the paper has also discussed the provisions of law related to defects as applied in Jordan, Egypt and Morocco. Using content analysis method, the findings indicate that where either spouses is inflicted with certain types of defects, dissolution of marriage is allowed based on the ground of protecting the interest of the spouses as well as an appraisal to the Islamic principle of repulsion of harm.

Darar Or Harm For Failure To Maintain The Wife: A Quranic And Juristic Approach On Marriage Dissolution

The Islamic principle on prevention of harm or darar is well established in the Qur’an, narrated in the narrations of the Prophets and had long been discussed by classical jurists. The commentaries of the Quran explained the term ‘darar’ in various dimensions and meanings as according to the verses to include al-huznu or grief, fear and horror, distress and illness, as well as poverty and hardship. In view of this, Islamic law imposes a financial duty on the husband to maintain his wife and that his failure will bring harm to the wife. The duty arises as soon as the marriage completed and ends either through death or separation. This paper seeks to examine the juristic views of different schools of laws in Islam (mazahib) on the husband’s duty to financially support and maintain the wife, as well as the effect of non-maintenance. Content analysis method is employed where references is made to commentaries of the Quran as well as classical jurists’ texts, contemporary references of Islamic jurisprudence, narrations of the Prophet PBUH and relevant sources. Few selected Syariah court cases will also be discussed to support the premise. The findings indicate that where the husbands failed to provide for the wife’s maintenance for a certain period of time, it causes not only financial difficulties to the wife but extends far more to an abuse which justifies a judicial dissolution of marriage.

An overview of the protection of children rights under Islamic law

Islamic law outlines a comprehensive of children’s rights that deserve protection. These are related toin many sources of Islamic law (the Shari’ah) which include the Quran, the Sunnah, Secondary Sources e.g., ‘urf and juristic discourse. Such rights include the right to lineage (nasab), right to care and custody, the right to maintenance, the right to the good name, the right to love and affection and so forth. Children’s rights are also protected based on the general aim of the Shari’ah: (maqasid al-Shari’ah) i.e., securing benefit to all mankind and protect them from any harm. As protection of children’s rights are vital but violated by many nowadays, this paper seeks to study on the protection of children’s rights under Islamic law. It aims at providing a critical overview of overall principles for the protection of children’s rights in Islam based on the Qur’an and Sunnah of the Prophet (PBUH). It is hoped that this research will provide a basic understanding on children rights in Islam that require attention and safeguards from all.