Invisible from Birth: A Critical Review of Illegitimate Children from the Malaysian Legal Perspective

DOI

10.2991/978-94-6239-785-9_14How to use a DOI?

Keywords

Illegitimate Children; Legal Identification; Social Impact; Malaysia

Abstract

The issue of child legitimacy continues to spark legal and social debates in Malaysia, especially due to the dual legal system comprising civil and Shariah laws. The distinction in how each system defines and treats illegitimate children presents significant implications for their rights, welfare, and legal recognition. This article critically examines the current legal frameworks governing the status of illegitimate children in Malaysia and assesses their legal and social impact. Employing a qualitative research design through library research, supported by content analysis of selected legal texts, academic writings, statutes and case laws, this study identifies key differences between the civil and Shariah approaches, particularly in areas of legal identification, custody, maintenance, inheritance and social acceptance. The findings reveal that while civil law offers more inclusive protections under statutory reforms and judicial interpretation, Shariah law remains rooted in classical interpretations that may limit the legal standing of such children. However, the literature also highlights increasing discourse around ijtihād and Maqasid al-Shariah as tools for reform within Islamic jurisprudence. The review underscores the need for legal harmonization and child-focused policies that prioritise welfare and dignity, irrespective of birth status.

Copyright

© 2026 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

TY  - CONF
AU  - Tengku Ameer Faiqal Tengku Ferozdin
AU  - Aishah Mohd Nor
AU  - Nik Khazarita Nik Md Khalib
PY  - 2026
DA  - 2026/10/07
TI  - Invisible from Birth: A Critical Review of Illegitimate Children from the Malaysian Legal Perspective
BT  - Proceedings of the UUM 13th International Legal Conference 2025 (UUMILC 2025)
PB  - Atlantis Press
SP  - 193
EP  - 209
SN  - 2667-128X
UR  - https://doi.org/10.2991/978-94-6239-785-9_14
DO  - 10.2991/978-94-6239-785-9_14
ID  - Ferozdin2026
ER  -