Act · 2014 Revised Edition · 3 parts
Islamic Adoption of Children Act
Adoption of children under Islamic lawIn plain English
Not legal adviceThe Islamic Adoption of Children Act sets out rules on adopting children in line with Islam.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Part I
Preliminary
Official textFrom Attorney General's Chambers, unchanged
s 1Citation
This Act may be cited as the Islamic Adoption of Children Act.
In this Act, unless the context otherwise requires —
“adopter” means a person authorised by this Act to adopt a child to be his adopted child;
“adoption” means to bring up, maintain and educate the child of another person like one’s own child without becoming a natural child of the adopter;
“child” means an unmarried person who has not attained the age of 18 years qamariah;
“Court” means the Syariah Subordinate Court, the Syariah High
Court or the Syariah Appeal Court, as the case may be, established under section 6(1) of the Syariah Courts Act (Chapter 184);
“guardian” means a person having the legal right as the guardian of the child according to law;
“Hukum Syara’” means the laws of any sect which the Court considers valid;
“Minister” means the Minister of Religious Affairs;
“nasab” means descent based on lawful blood relationship;
Islamic Adoption of Children 4
“parent” means the natural mother or father of the adopted child;
“relative” includes the brother, sister, grandparents on the side of the father and the mother, uncle on the side of the father and the mother and aunt on the side of the father and the mother whether by nasab or affinity;
“Syar’ie Judge” means a Syar’ie Judge appointed under sections 9(1), 10(1) and 11 of the Syariah Courts Act
(Chapter 184) and includes the Chief Syar’ie Judge;
“year qamariah” means a year according to the Islamic calendar.
All words and expressions used in this Act and not defined therein but defined in the Interpretation and General Clauses Act (Chapter 4)
shall have the same meanings respectively assigned thereto to the extent that they do not conflict with Hukum Syara’.
The Chief Syar'ie Judge may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, amend the Schedule.
References in this Act to the date of commencement of this Act are references to the date of commencement of the main substantive provisions of this Act.
s 3Text in Malay language shall prevail
If any conflict or doubt arises as to the meaning or requirement of a provision under this Act, the text in the Malay language shall prevail.
s 4Saving of prerogative
Nothing contained herein shall derogate from or affect the prerogative rights and powers of His Majesty the Sultan and Yang Di-Pertuan as the
Head of the Religion of Brunei Darussalam.
Notwithstanding the provisions of any other written law to the contrary, this Act shall apply in any matter where at least one of the parties professes the Islamic religion.
Islamic Adoption of Children
For the avoidance of any doubt, it is hereby declared that no person or court other than a court established under Part II of the Syariah
Courts Act (Chapter 184) shall have jurisdiction to hear or determine any claims or proceedings where at least one of the parties professes the Islamic religion and relating to any matter which arises in this Act.
s 6Saving
Nothing in this Act shall affect the validity of an adoption which has been made under any law wheresoever before 26th March 2001, being the date of commencement of this Act.