Al-Fiqh: Journal of Contemporary Islamic Law
Vol. 1 No. 2 (2025)

Islamic Legal Perspectives on the Protection of Unborn Children from Unmarried Mothers: An Analysis of Maslahah Mursalah

Muzayyanah Khaliq (Ma'had Aly Nurul Jadid)



Article Info

Publish Date
30 Dec 2025

Abstract

The increasing complexity of non-marital pregnancy raises urgent legal and ethical questions regarding the protection of unborn children within Islamic law. This study aims to analyze Islamic legal perspectives on safeguarding unborn children from unmarried mothers through the framework of maslahah mursalah. Employing a qualitative, normative-juridical design and limited empirical inquiry, the research draws on classical and contemporary fiqh literature and semi-structured interviews with six experts in Islamic law, the judiciary, and child rights. The findings reveal that child protection from conception constitutes a daruriyyah interest under hifz al-nafs and hifz al-nasl, and that maslahat-based reasoning allows financial support, recognition of legal identity, and anti-discrimination measures without negating classical lineage doctrine. The study’s novelty lies in integrating maqasid theory with empirical insights to reformulate the discourse on child protection. It recommends contextual ijtihad and policy harmonization to ensure non-discriminatory legal safeguards consistent with Sharia objectives.

Copyrights © 2025






Journal Info

Abbrev

fiqh

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

AlFiqh Journal of Contemporary Islamic Law focuses on interdisciplinary studies of Islamic law in the context of modern issues and challenges. The journal covers a wide range of topics, including the application of Sharia law in various legal systems, the evolution of fiqh, Islamic law and human ...