Publication: Pengurusan Dan Perlindungan Anak Tak Sah Taraf Melalui 'Baby Hatch': Satu Penilaian Daripada Perspektif Maqasid Syariah Dan Undang-Undang Malaysia
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Date
2018
Journal Title
Journal ISSN
Volume Title
Publisher
Universiti Sains Islam Malaysia
Abstract
The increasing trend of adultery in the society will result in the collapse of family institution. With the births of illegitimate children out of this extramarital sexual relationship, the family lineage will be affected. Not to forget, more innocent babies, who happened to be born illegally, will be inhumanely dumped and killed. Realising the vital need to protect these innocent babies, Organisation for the Management and Protection of Orphan (OrphanCARE) has launched an initiative called ‘baby hatch’. Nevertheless, there has been an issue of whether this initiative is in accordance with the maqasid syaria and how effective it is in addressing the baby dumping issues. Since this initiative aims to protect the illegitimate babies from being dumped, it was claimed that this initiative will encourage the act of adultery. This research therefore aims to analyse the establishment of baby hatch from the perspevtives of maqasid syaria and the Malaysian legal system. Qualitative method was used through interview session with the baby hatch operator. The research found that despite being born as illegitimate children, the children are innocent and will not bear the sins of their parents. The children in fact have their rights to life which should be respected and protected. This right has long been guaranteed in Islam through the principle of hifzunnafsi that is an integral element of maqasid syaria. It is hoped that the concern among the society on the issue of baby hatch will be cleared with the outcome of this research.
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Keywords
Adultery, Illegitimated Child, Baby Hatch, Maqasid Syariah