PUTRAJAYA: A new fatwa outlining the protection and welfare of abandoned children or foundlings (al-laqit) must be formulated to enhance protection for this vulnerable group.
This is one of the four resolutions adopted at the Muzakarah on Human Rights Issues from the Maqasid Syariah Perspective organised by the Human Rights Commission of Malaysia (SUHAKAM) today.
The resolution, read out by SUHAKAM Commissioner Datuk Mohamad Nordin Ibrahim, highlighted the ongoing occurrence of cases of abandoned children across the country, requiring serious and integrated responsibility among the government, religious institutions, and society.
“Based on the principle of safeguarding life, intellect, and dignity, it is the government’s duty to ensure the care, welfare, protection, and safety of abandoned children until they reach adulthood and can live independently,” the resolution stated.
The muzakarah also proposed establishing a sustainable and comprehensive mechanism to address cases of child marriage, aiming to prevent greater harm.
“Islamic law places strong emphasis on the education of children to ensure they grow into faithful and morally upright individuals. Therefore, it is fair and just to support efforts to set the minimum marriage age at 18, in line with the Child Act 2001 and the United Nations Convention on the Rights of the Child (UNCRC) 1989,” the resolution affirmed.
Other important resolutions passed include adopting alternative sentencing based on rehabilitative approaches and addressing refugee issues.
The muzakarah recommended reviewing the implementation of whipping punishments and expanding alternative, rehabilitation-focused penalties, in accordance with Islamic principles of mercy (rahmah) and discipline (ta’dib).
On refugee matters, the muzakarah recognised the rescue and welfare of refugees as a collective religious duty (fardhu kifayah).
“Therefore, the government is urged to expedite legal reforms to guarantee refugees’ access to protection, education, healthcare, and family rights in Malaysia,” the resolution stated.
To coordinate detailed discussions on these resolutions and other raised issues, SUHAKAM will establish a technical committee chaired by one of its Commissioners, involving multiple stakeholder agencies.
