KOTA KINABALU: Sabah has introduced a new legal framework to govern the adoption of children from the Islamic faith following the enactment of the Adoption Bill 2024 at the just concluded State Legislative Assembly sitting.
Assembly Speaker Datuk Seri Kadzim Yahya announced the passing of the Bill after a majority of Assembly members supported it.
The Bill was tabled by State Science, Technology, and Innovation Minister Datuk Mohd Arifin Mohd Arif, who is also the state executive councillor for Islamic Affairs.
Mohd Arifin said the legislation establishes a comprehensive framework to address matters related to the adoption of Muslims, registration of such adoptions, and other related purposes.
“Currently, there is no specific legislation to manage adoption cases involving Muslims in Sabah. These cases are handled based on the Guidelines on Practice and Procedures for Adoption in the Syariah Court 2006, issued by the Sabah State Syariah Judiciary Department,” he said.
In Sabah, the jurisdiction of the Syariah Court to hear and decide cases involving Muslim adoptions is outlined in subparagraph 17(3)(b)(xiii) of the Syariah Court Enactment 2024.
This jurisdiction aligns with the authority granted to State Legislatures under Clause (2) of Article 74, Item 1, Ninth Schedule, List II of the Federal Constitution, which empowers states to enact laws concerning Muslims, including adoption.
“This Bill integrates the roles of three key government departments involved in the adoption process: the Syariah Court, the Department of General Welfare Services (Social Welfare Department), and the National Registration Department in Sabah,” Mohd Arifin added.
