Reconstructing Refugee Children’s Civil Status through Maqasid al-Shariah in Indonesia

Abstract

This study examines the normative gap in the regulation of refugee children’s civil status in Indonesia, particularly regarding birth, nasab (legal lineage), and guardianship. The issue is important because refugee children occupy a legally vulnerable position due to the weak integration of refugee policy, civil registration, child protection, and Islamic family law. Uncertainty over civil status may undermine legal identity, family relations, legal representation, and access to basic protection. This study aims to formulate a Maqasid al-Shariah-based reconstruction of the regulation of refugee children’s civil status to ensure legal certainty over birth, nasab, and guardianship. It employs qualitative research with a normative-prescriptive juridical design based on documentary research. The study applies statutory, conceptual, Maqasid al-Shariah, and limited comparative approaches. Data were collected through documentary research and a systematic literature review of primary, secondary, and tertiary legal materials, including statutory regulations, international instruments, the Compilation of Islamic Law, reputable journal articles, and institutional reports. The data were analyzed through legal inventory, legal synchronization, legal gap analysis, Maqasid al-Shariah analysis, and prescriptive legal reconstruction. The findings reveal that the civil status of refugee children in Indonesia remains fragmented and has not been regulated in an integrated manner. The most significant normative gap lies in the disconnection between birth registration, recognition of nasab, and guardianship determination; therefore, birth registration alone does not ensure comprehensive legal certainty. This study contributes by proposing an integrated legal reconstruction model that connects legal identity, nasab, and guardianship within a Maqasid al-Shariah framework. It argues for a policy shift from administrative handling toward rights-based civil protection, legal certainty, and the best interests of refugee children.