THE PROTECTION OF THE RIGHTS OF CHILDREN BORN OUT OF WEDLOCK FROM THE PERSPECTIVE OF JASSER AUDA'S MAQASID AL SHARIAH: AN INTEGRATIVE ANALYSIS OF LINEAGE, MAINTENANCE, INHERITANCE, AND CHILD PROTECTION POLICIES
Indonesia Indonesia Indonesia 
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Children Born Out of Wedlock, Jasser Auda, Maqasid al-Shariah
Abstract
This study examines the protection of the rights of children born out of wedlock from the perspective of Jasser Auda’s contemporary maqasid al-shariah, supported by recent scholarly literature. The legal status of children born out of wedlock has long been dominated by classical Islamic jurisprudence, which tends to adopt a textual approach and may consequently give rise to social stigma, legal discrimination, and limited fulfillment of children’s rights. This study employs a library research method with a qualitative-philosophical approach to analyze legal reconstruction through the systems approach developed by Jasser Auda. The findings demonstrate that the contemporary maqasid paradigm shifts the orientation of ?if? al-nasl from merely preserving the legitimacy of lineage (nasab) toward ensuring comprehensive protection of children’s rights and human dignity. This reconstruction underscores the importance of recognizing biological parentage, fulfilling children’s maintenance (nafaqah) rights, and safeguarding their economic welfare through legal instruments such as the obligatory bequest (wa?iyyah w?jibah) and inter vivos gifts (hibah). Furthermore, the Constitutional Court Decision No. 46/PUU-VIII/2010 and the Child Protection Law demonstrate a convergence with the systems-based maq??id paradigm by prioritizing the best interests of the child. Therefore, the protection of the rights of children born out of wedlock should be implemented in a manner that is just, humane, and free from all forms of discrimination.
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Authors
Copyright (c) 2026 Irfan Hadi, Hamdan Hasan, Marini Abdul Djalal
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