BY NORHAYATI UMOR
SHAH ALAM, SEP 4: Issues on the legitimacy of a child in this country must always be referred to the provisions in the Islamic Family Law Enactments or acts or the respective State Administration.
The Malaysian Islamic Development Department (JAKIM) Director-General, Tan Sri Othman Mustapha said that matter has been unanimously agreed in a meeting regarding illegitimate child, with the mufti last August 21.
He said, the mufti of Selangor, Kelantan, Johor, Sabah, Penang, Malacca, Kedah, the deputy mufti for Wilayah Persekutuan and the mufti’s representative for Sarawak had attended the meeting.
“The decision involved representatives from State Islamic Religious Council and State Islamic Religious Department who were there at the meeting organised by JAKIM to come to a unanimous decision on the issue of a child’s legitimacy.
“This provision is consistent with the fatwa of the states with regards to a child’s legitimacy and the views from the 57th Fatwa MKI Committee Meeting in June 10, 2013,” he said in a statement.
He said, the provision in an Islamic Family Law Enactment or Act or State Administration among others state that a woman must marry a man.
“And produce a child after six lunar (‘qamariah’) months from the date of the marriage or within four lunar months after the marriage is dissolved, whether due to the man’s death or divorce.
“And the woman must not have remarried, hence the man must be deemed as the child’s father, however, the man can, by way of ‘li’an’ (mutual repudiation) or accusation, deny the child as his in the court of law,” he said.
Last July, the Court of Appeal stated that an illegitimate child born by a Muslim couple is legally entitled to his father’s name.
Following that, the National Registration Department through the Attorney-General’s Chambers had filed an appeal against that in the Federal Court.
