Kebajikan dan pengurusan anak luar nikah Islam: suatu kajian kes di Kota Setar dan Kubang Pasu, Kedah

The unhealthy social life among teenagers in the country has resulted in out-of-wedlock pregnancy and accordingly, increases the birth rates of illegitimate children. This research focuses on the issues of wellbeing and management of illegitimate children according to Syariah and legal perspectives. There are five key issues relating to illegitimate children which include guardianship, wellbeing and management, education, emotion and feeling as well as ethics and the behavioral change of the illegitimate children and their mothers. The biological mothers and their next of kin, adoptive families, government agencies and non-governmental organizations (NGOs) are the parties responsible for the wellbeing and management of the illegitimate children. The objectives of this research are: to identify issues relating to the wellbeing and management of illegitimate children in the State of Kedah, to assess the existing and relevant laws particularly in the State of Kedah, and to suggest solution mechanisms to address the issue. This research is qualitative in nature where library-based and field research methods are used for data collection. References were made to various relevant sources such as classical books, current books, acts and enactments, journals, government’s official reports, court cases, etc. The field research employs the methods of face-to-face interviews using semi-structured questions and telephone interviews using structured questions based on purposive sampling. The data are analyzed using inductive and deductive approaches. The research outcome shows that there are biological mothers who have no choices but to give up their illegitimate children to adoptive families due to pressure from their parents in order to uphold the family’s honor and dignity. There are also biological mothers who, with support from their families, willingly want to take care of the children despite the difficulties they have to face. This research suggests that the biological mothers and their next of kin, adoptive families and relevant government agencies should play effective roles within their respective capacities to uphold the wellbeing and good management of the illegitimate children. There is a need for the existing laws to be amended, enhanced and given a new breath to assure improvement for the best interest of all parties.