Baitul Hikmah: Jurnal Ilmiah Keislaman
Vol. 3 No. 2 (2025): Baitul Hikmah: Jurnal Ilmiah Keislaman

Integration of Maqāṣid al-Syarī'ah and Social Justice: Reconfiguring the Legal Status of Children Born Out of Wedlock in Islamic Law and the Indonesian Legal System

Hafis, Muhammad (Unknown)
Syafitri, Juliani (Unknown)
Rafi'aturrahmah, Rafi'aturrahmah (Unknown)
Johari, Johari (Unknown)



Article Info

Publish Date
19 Jan 2026

Abstract

This article explores the redefinition of the status of children born out of wedlock by integrating maqasid al-syariah and social justice. This study departs from the dominant classical Islamic legal construct, which severs the relationship between a child and his biological father. This restrictive approach, although intended to prevent adultery (sadd al-dhari'ah), actually causes injustice by neglecting the protection of innocent children. The research uses a normative-theological and sociological approach to analyze the dialectic between classical Islamic law and Indonesian positive law. Supreme Court Decision No. 46/PUU-VII/2010 is an important milestone that recognizes the relationship between children and their biological fathers based on scientific evidence. The ethical justification lies in the framework of maqāṣid al-sharī'ah, particularly the protection of life (ḥifẓ al-nafs), honor (ḥifẓ al-'ird), and lineage (ḥifẓ al-nasl) in a more substantive manner. Criticism and deconstruction from the perspective of justice and maqāṣid offer a new legal-ethical framework centered on the interests of the child. Ḥifẓ al-nasl is not only about preserving lineage, but also guaranteeing the basic rights of children. Meanwhile, ḥifẓ al-'ird becomes a synthesis to protect the honor of children from discrimination. The integration of maqasid al-syariah and social justice paves the way for a more inclusive, humanistic, and relevant study of Indonesian Islamic family law in the face of contemporary challenges.

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Journal Info

Abbrev

Baitul_Hikmah

Publisher

Subject

Religion Education

Description

Published by Pascasarjana IAI Diniyyah Pekanbaru, since Volume 1 Issue 1 June 2023. Baitul Hikmah is a journal run by the Pascasarjana IAI Diniyyah Pekanbaru, which is regularly published every June and December. The journal focuses on the Islamic Science. The writings in this journal are open to ...