Law of foundling (Laqit) : the Islamic Legal principles and the law in Malaysia

Abstract

The thesis examines legal principles governing foundling or laqÊÏ in Islamic law and the law as applicable in Malaysia. As Islamic law is expected to contribute to the efficacy and adequacy of the law of foundling or abandoned child in Malaysia, the study, which is based on library research and informal interviews is divided into two parts. The thesis analyzes the foundling’s rights to custody, guardianship, maintenance, his status as a free man and religious status, his parentage and inheritance in Islamic law based on rules in the Qur’Én and the Sunnah of the Prophet, ÉthÉr of the Prophet’s Companions and various opinions of the Muslim jurists particularly the sunnÊ schools of law. The study includes examination on such foundling’s rights under various child protection laws in Malaysia representing the modern law based on various statutes and decided cases. Examination extends to the law relating to adoption and fostering serves as the best means of protecting the abandoned child. Reference is made to the child law in Egypt and adoption and fostering in Australia whenever appropriate. The study evidently proves that, Islamic law has provided detailed rules relating to foundling. The law that emphasizes the obligation to save the foundling’s life ensures the protection of his rights. The study also reveals that the law of foundling or abandoned child in Malaysia which is governed by various statutes affecting children lead to difficulties in reference. The absence and ambiguity of certain provisions crucial to protect the foundling in the laws as well as provisions governing Muslim foundling specifically shows that there are lacuna and room for improvement.