Kelemahan Akta Pendaftaran Pengangkatan 1952 (Akta 253) dan enakmen Pentadbiran Undang-undang Keluarga Islam Negeri dalam Menangani Keperluan Pengangkatan

Engku Ali, Engku Muhammad Tajuddin (2011) Kelemahan Akta Pendaftaran Pengangkatan 1952 (Akta 253) dan enakmen Pentadbiran Undang-undang Keluarga Islam Negeri dalam Menangani Keperluan Pengangkatan. Jurnal Islam dan Masyarakat Kontemporari, 5. pp. 27-40. ISSN 1985-7667

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Abstract

The Registration of Adoption Act 1952 is the only mechanism that can be utilized by Muslims to ensure that their adopted child is legally recognized. The luestion here is whether or not this Act can cater to the special needs of the Islamic adoption rules, This study tries to answer this Question and identify the 4uslims' needs for specific written rules regarding Islamic adoption procedures. Analysis is done on the Registration of Adoption Act 1952 and various mactments on Islamic Family Laws that are being applied in each state. It is found that the said Act and enactments are not sufficient to proffer these Leeds. The Act itself seems to converge more on the procedural aspects on how an adoption shall be registered. There are also misleading conditions if ooked at from the Islamic perspective. On the other hand, the Islamic Family Laws Enactments only focus on the duty to provide sustenance to an adopted add while adoption wider than that. Although these Acts and enactments can be utilized to secure the adopted child's welfare, it is unfortunately unable to •eveal the clear Islamic procedural aspects in adopting a child. Due to the fact that Muslims are the majority who apply to register their adoption, it is :herefore very reasonable to draft enactments or rules and regulations that must be stnctly adhered to by every Muslim adopting family.

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