PROTECTION OF WEDLOCK CHILDREN FROM THE PERSPECTIVE OF MAQASID AL-SHARI’A

CASE STUDY AT THE BABY HATCH AGENCY FOR VIRTUE AND ORPHANS CARE, SUNGAI PETANI, KEDAH MALAYSIA

Abstract

This study examines the protection of children out of wedlock who do not get enough attention and are neglected in the perspective of maqashid sharia. The status of children out of wedlock generally do not get proper services because their presence is not expected. From that, the Orphan Care Agency in Sungai Petani, Kedah, Malaysia established a baby hatch that was used as a temporary shelter for these children, to be later adopted by foster parents. This article raises the problem of how the existence of the baby hatch is in the review of maqashid sharia for fear of being misused to accommodate children out of wedlock? Which problem should be prioritized in the context of the paradox between preserving the soul (ḥifẓal-nafs) and maintaining offspring (al-nasl) by looking at the existence of a baby hatch that accommodates children out of wedlock. By using the tarjih maslahat method based on data obtained from the field, this article concludes, that in this case, hifẓal-nafs should take precedence over hifẓal-nasl.