An Evaluation of The Implementation of Shari'ah Law of Malaysia in Protecting the Rights of a Child

Mahamad Naseer, Disa (2018) An Evaluation of The Implementation of Shari'ah Law of Malaysia in Protecting the Rights of a Child. Al-Itqan: Journal of Islamic Sciences and Comparative Studies, 2 (2). pp. 5-20. ISSN 2600-8432

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Abstract

This research is an observation of the implementation of Islamic law (Sharī„ah) among the Malay Muslims in the Sharī„ah courts (Mahkamah Syariah) of Malaysia. The author emphasizes on the roles of Islamic law that are related to the protection of the rights of children, especially those who were born out of wedlock among Malaysian Muslims. By employing the qualitative methodology, the author critically analyses some issues on the rights of children in Islam, comparing them with other acts and provisions of laws and their relation to the implementation in Islamic courts of Malaysia. The findings indicate that the rights of children born out of wedlock are covered under the Islamic laws of Malaysia. However, the implementation of Islamic laws pertaining to rights of children in Malaysia draws criticisms from many groups that include local and international ones.

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