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

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...

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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/
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spelling my.uum.etd.110032024-02-22T01:46:26Z https://etd.uum.edu.my/11003/ Penasaban anak kelahiran kurang enam bulan: kajian terhadap keperluan pelaksanaannya berasaskan fatwa Jawatankuasa Fatwa Negeri Perlis Nurul Hasna’, Hazni BP174 The practice of Islam K Law (General) 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. 2023 Thesis NonPeerReviewed text en https://etd.uum.edu.my/11003/1/Depositpermission_s903776.pdf text en https://etd.uum.edu.my/11003/2/s903776_01.pdf Nurul Hasna’, Hazni (2023) Penasaban anak kelahiran kurang enam bulan: kajian terhadap keperluan pelaksanaannya berasaskan fatwa Jawatankuasa Fatwa Negeri Perlis. Doctoral thesis, Universiti Utara Malaysia.
institution Universiti Utara Malaysia
building UUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Utara Malaysia
content_source UUM Electronic Theses
url_provider http://etd.uum.edu.my/
language English
English
topic BP174 The practice of Islam
K Law (General)
spellingShingle BP174 The practice of Islam
K Law (General)
Nurul Hasna’, Hazni
Penasaban anak kelahiran kurang enam bulan: kajian terhadap keperluan pelaksanaannya berasaskan fatwa Jawatankuasa Fatwa Negeri Perlis
description 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.
format Thesis
author Nurul Hasna’, Hazni
author_facet Nurul Hasna’, Hazni
author_sort Nurul Hasna’, Hazni
title Penasaban anak kelahiran kurang enam bulan: kajian terhadap keperluan pelaksanaannya berasaskan fatwa Jawatankuasa Fatwa Negeri Perlis
title_short Penasaban anak kelahiran kurang enam bulan: kajian terhadap keperluan pelaksanaannya berasaskan fatwa Jawatankuasa Fatwa Negeri Perlis
title_full Penasaban anak kelahiran kurang enam bulan: kajian terhadap keperluan pelaksanaannya berasaskan fatwa Jawatankuasa Fatwa Negeri Perlis
title_fullStr Penasaban anak kelahiran kurang enam bulan: kajian terhadap keperluan pelaksanaannya berasaskan fatwa Jawatankuasa Fatwa Negeri Perlis
title_full_unstemmed Penasaban anak kelahiran kurang enam bulan: kajian terhadap keperluan pelaksanaannya berasaskan fatwa Jawatankuasa Fatwa Negeri Perlis
title_sort penasaban anak kelahiran kurang enam bulan: kajian terhadap keperluan pelaksanaannya berasaskan fatwa jawatankuasa fatwa negeri perlis
publishDate 2023
url 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/
_version_ 1792158089300934656
score 13.211869

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