Causes, impacts and solutions of abuse of the right of custody in Malaysia : a juristic analysis

Abstract

The instances of child abuse in Malaysia are deeply concerning, with 6,770 reported cases of children in need of care and protection in 2022, and a heart-breaking toll of 220 children losing their lives due to abuse over the past 5 years. This study delves into the intricate concept of ḥaḍanah (child custody) within Islamic jurisprudence, thoroughly examining its causes and impact on children. This study addresses the abuse of ḥaḍanah 's rights: dissecting the concept itself, uncovering the causes and repercussions of child abuse, and proposing solutions from an Islamic standpoint. Furthermore, by specifically analysing child abuse cases in Malaysia, this research offers pragmatic insights into the complexities surrounding custody matters. It employs a descriptive approach by gathering definitions from classical and modern jurists and practitioners. The analytical methods cover a wide range of activities, such as literature reviews, statistical analyses, regulatory reviews, and social and ethical evaluations. Fieldwork involves interviewing policy-oriented lawyers and doctors to identify major issues, and suggest directions for improvement in child welfare that could arise in child custody cases. The goal is to uncover the underlying causes of child abuse and its profound effects on children. The primary causes identified for child abuse in Malaysia predominantly arise from family disputes, financial problem and alcoholism, thus exerting significant physical and psychological impacts on children. Moreover, the abuse extends its repercussions beyond the individual, contributing to broader societal challenges. Ultimately, this study strives to provide vital insights that can guide parents, children, policymakers, and authorities in effectively combating child custody abuses, ensuring the safety and well-being of children.