Suckling and its significance in children foster care/foster relationship: legal principles under Islamic law and the law in Malaysia

Abstract

This study deals with the concept of suckling and its significance pertaining to foster relationship under the Islamic law on the premises that there is no clear rules and regulation regarding suckling in Malaysia. Analysis focuses on the concept of suckling in Islamic law and its significant in creating legal relationship in foster care. The practice of suckling of non-biologically related child and its effect have also been examined as to present a clear picture of this practice and its significance in foster care. The study further investigates on several related provision in suckling under the law in Malaysia. For the purpose of comparison, the laws regulating on suckling in several Muslim countries have also been highlighted. As suckling is closely related with children protection, this study analyzed the concept of foster care under Islamic law and its distinction with adoption. To provide a sample of application of foster care in Islamic law, the study further highlights and analyses several provision on foster care under the law governing Muslim in Malaysia as well as some Muslim countries like Syria, Morocco and Algeria. This study reveals that the absence of the law pertaining to suckling has resulted to the inadequacy of the law. Therefore, this study suggests a proper law regulating suckling should be introduced to improve the current trends and system of child care and protection. As suckling involves people in many ways, this study recommends for each and every parties involved to play a vital role in order to ensure that every child, regardless their status, may enjoy their right to be suckled, whether in the family environment or in foster care.