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Menangani Masalah Kelahiran Anak Tak Sah Taraf di Malaysia: Peranan Perundangan Jenayah Syariah dalam Masyarakat.

Authors :
RASHID, AZIZAH MAT
AWAL, NOOR AZIAH MOHD
SHARIFF, AHMAD 'AZAM MOHD
HAMID, NOR 'ADHA ABD
ZAINUDIN, TG. NOOR AZIRA TG.
Source :
Akademika. 2019 Special Issue, Vol. 89, p5-16. 12p.
Publication Year :
2019

Abstract

Generally speaking, an illegitimate child refers to a child which has been born outside wedlock regardless of whether the illegitimate birth is caused by adultery or rape, and neither that the said birth is the result of a syubhah consummation. The rise of illegitimate birth in Malaysia has significantly proved that our community is facing a very serious issue of moral demolition. This is obviously against the Islamic principle of upholding the dignity of lineage. This article intends to analyze the principles and application of Syariah rules pertaining to illegitimacy. This article further analyzes the previous literature on the enforcement of Syariah Criminal Law in preventing illegitimate birth. It then identifies problems pertaining to the issue of illegitimate birth and suggests some practical solutions. For the purpose of data collection, this purely legal doctrinal research applied a qualitative method based on library research. Critical analysis has been applied in analyzing data from a previous thesis, articles, journals, news and other general references regarding illegitimacy issues and the enforcement of Syariah Criminal Law. It is suggested that a further critical and comprehensive research to be conducted as a contribution to the academic corpus and for the enhancement of maqasid syariah in Syariah Criminal Law. [ABSTRACT FROM AUTHOR]

Details

Language :
Malay
ISSN :
01265008
Volume :
89
Database :
Academic Search Index
Journal :
Akademika
Publication Type :
Academic Journal
Accession number :
138720878
Full Text :
https://doi.org/10.17576/akad-2019-89SI2-02