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- Title
Penentuan Nasab melalui Prinsip Undang-undang Keterangan Islam.
- Authors
HASHIM, FATIMAH YUSRO; NGAH, ANISAH CHE; YAHYA, MOHAMMAD AZHAN; SHARIFF, AHMAD AZAM MOHD
- Abstract
An illegitimate child is defined as the birth of a child as a result of adultery or pregnancy without a valid marriage or husband, but not from a syubhah marriage. There are situations where an illegitimate child has been given legitimacy status due to lacking of burden of proof as well as compliance with shariah principles related to the minimum pregnancy period of six qamariah months. This writing focuses on three objectives. The first objective is to analyze the birth of illegitimate children in terms of shariah principles. The second objective is to identify problems related to the birth of an illegitimate child in a court trial, and the third objective is to suggest solutions to the problems that have been identified. This writing is a qualitative study that is through library research methods, where materials related to this writing have been critically analyzed. The researcher finds that section 110 of the Islamic Family (Federal Territory) Act are used mainly as a guideline in determining the legitimacy of a child in a court hearing. However, the section is too general and has not been successfully linked to the basic principles in Islamic law related to the birth of an illegitimate child and the determination of the validity of lineage. At the same time the principles of Islamic evidence used during the trial related to determining the status of legitimacy are also not able to support the court to make a good judgment of the case. At the same time the principles of Islamic evidence used during the trial related to determining the status of legitimacy are also not able to support the court to make a good judgment of the case. In this regard, the researcher suggested that it is needed for section 110 to be detailed as well as the application of expert evidence to be made mandatory to prove the validity of the child's lineage.
- Subjects
ILLEGITIMACY; CHILDBIRTH; EXPERT evidence; ISLAMIC law; BURDEN of proof; ORGANIZATIONAL legitimacy
- Publication
Malaysian Journal of Law & Society, 2021, Vol 28, p57
- ISSN
1394-7729
- Publication type
Article
- DOI
10.17576/juum-2021-28-06