Child Participation and Parental Alienation Issue from the Maqasid Syariah Perspective

This paper examines child participation in parental alienation cases through the maqasid syariah framework, with a focus on protecting al-aql (intellect) and nasab (lineage). Parental alienation, where one parent manipulates a child to reject the other parent, poses significant risks to the child’s psychological well-being and familial bonds. The right of children to be heard, as emphasized in Article 12 of the United Nations Convention on the Rights of the Child (CRC), is critical in mitigating these risks. Article 3 of the CRC further requires that the best interests of the child be a primary consideration, which aligns with the Islamic obligation to preserve mental
health and protect family ties. In Malaysia, civil and syariah courts prioritize the welfare of the child in custody disputes. However, the discretion afforded to judges regarding child participation leads to inconsistent practices, particularly in cases involving parental alienation. This research analyzes existing legal frameworks to determine their effectiveness in safeguarding children's rights and well-being. The findings highlight the need for specific guidelines to ensure children's voices are consistently heard in syariah family proceedings. From the maqasid syariah perspective, protecting al-aql involves addressing the psychological harm caused by alienation, while safeguarding nasab requires maintaining healthy parent-child relationships. Establishing clear mechanisms for child participation is essential to achieving justice and preserving the child’s mental and familial well-being in accordance with Islamic principles.