Penasaban anak kelahiran kurang enam bulan: kajian terhadap keperluan pelaksanaannya berasaskan fatwa Jawatankuasa Fatwa Negeri Perlis

• Main Author: Nurul Hasna’, Hazni
• Format: Thesis
• Language: English; English
• Published: 2023
• Subjects: BP174 The practice of Islam; K Law (General)
• Online Access: https://etd.uum.edu.my/11003/1/Depositpermission_s903776.pdf; https://etd.uum.edu.my/11003/2/s903776_01.pdf; https://etd.uum.edu.my/11003/

The decision of the Court of Appeal approving the filiation of children born less than six months in 2017 brought polemic in the community because it contradicted the legal view of illegitimate children in Malaysia. However, the decision is seen to be in line with the fatwa by the Perlis State Fatwa Committee (JFN), which convicting the filiation of children born less than six months. However, the enforcement of the fatwa has faced difficulties due to obstacles from a technical point of view. Following this, a study was conducted to examine the submissions of Islamic scholars regarding the filiation of children born less than six months; as well as reviewing the submissions of JFN Perlis in determining the fatwa. The study also analyzed the necessity of the enforcement regarding the determination of filiation of children born less than six months according to JFN Perlis in Malaysia. Then, the study analyzes its feasibility for use in Malaysia. The study is qualitative in nature involving documentation, archiving and interviews. The findings were then analysed inductively using content analysis methods. The archive files that was examined are within 10 years, from 2009 to 2019, involving data from the agencies of the Social Welfare Department (JKM), and the Syariah Judiciary Department for five states, namely Perlis, Perak, Selangor, Terengganu and Johor. The interviews involved eight categories, namely (a) members of JFN Perlis; (b) a member of the Perlis Islamic Religious Council; (c) Syariah Judges; (d) JKM officers; (e) individuals with illegal status; (f) pregnant women without marriage; (g) the father of an illegitimate child; and (h) the individual to whom the affected party is referred. The results of the study show that the filiation of children born less than six months is based on Islamic arguments; as well as maslahah which is the priority of JFN Perlis in deciding the fatwa. The study also presents the existence of society's need for the filiation of children born less than six months and its enforceability based on loopholes in the legislation and the arguments of the opposing party. Finally, the study concludes that the filiation of children born less than six months can be implemented but first it requires some actions that the authorities need to take based on the implementation measures provided according to the legislation in the study. The implications from this research will become an input for the authorities to ensure that the welfare of the illegitimate child is the objective in the observation towards the implementation of filiation for the children born less than six months in Malaysia.