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Malaysian muftis rap court ruling on naming for out-of-wedlock kids

KUALA LUMPUR — Perak Mufti Harussani Zakaria was left outraged after the Malaysian Court of Appeal rejected a fatwa on Friday (July 28), as it ruled that a child conceived out of wedlock may bear the father’s name.

Perak Mufti Harussani Zakaria was outraged after the Malaysian Court of Appeal rejected a fatwa following its ruling that a child conceived out of wedlock may bear the father’s name. Mr Harussani said  it is obligatory for all Muslims to obey Islamic laws. Photo: Malay Mail Online

Perak Mufti Harussani Zakaria was outraged after the Malaysian Court of Appeal rejected a fatwa following its ruling that a child conceived out of wedlock may bear the father’s name. Mr Harussani said it is obligatory for all Muslims to obey Islamic laws. Photo: Malay Mail Online

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KUALA LUMPUR — Perak Mufti Harussani Zakaria was left outraged after the Malaysian Court of Appeal rejected a fatwa on Friday (July 28), as it ruled that a child conceived out of wedlock may bear the father’s name.

Amid signs of growing religious conservatism in Malaysia, the mufti insisted that Islamic laws must be followed, especially when it involves Muslims, because the faith is the religion of the federation of Malaysia.

“Islamic laws remain Islamic laws, it is obligatory for all Muslims to obey, although worldly laws have rejected them,” Mr Harussani was quoted saying by Islamist portal Ismaweb.

“What has the court decided? Why is it opposed to the Constitution? It has already been decided by a fatwa, why didn’t the court follow the fatwa ruling?”

In 2003, the National Fatwa Committee declared that a child conceived out of wedlock cannot carry the name of the person who claims to be the father of the child, if the child was born less than six months of the marriage.

Chiming in on the issue, Penang Mufti Wan Salim Wan Mohd Noor said the authorities have to heed the 2003 decree by the National Fatwa Committee.

“If it is a matter involving Islam and Muslims, like this, we should follow the fatwa. As far as the state Mufti Department is concerned, we have to follow the decision made at the national level,” he told The Malaysian Insight.

“We cannot make our own decisions. It will cause confusion.”

On Thursday, the Court of Appeal judge Abdul Rahman Sebli asserted that the National Registration Department (NRD) director-general is a civil officer and that he is bound under civil law, meaning the NRD should have referred to Section 13A (2) of the Births and Deaths Registration Act (BDRA) for any decisions relating to a child’s surname.

The ruling could effectively allow all Muslim children born out of wedlock to finally bear their father’s name.

In making the court ruling, Justice Abdul Rahman said the NRD director-general is not obligated to apply, let alone to be bound by a religious decree.

The NRD and Putrajaya have since filed for a leave application to appeal the decision.

Taking a more firm stand is the Malaysian Muslim Lawyers Association, who called for Muslims to be exempted from certain parts of the BDRA that are said to clash with Syariah provisions.

The group also demanded Putrajaya amend the Act to “respect Islam”, questioning its constitutionality by claiming that issues regarding child legitimacy and inheritance to be under the purview of state governments instead.

“I urge the Federal Government to amend this Act to respect Islam as the religion of federation … and exempt Muslims from parts of the Act that are against Syariah laws,” its president Zainul Rijal Abu Bakar said in a statement.

“All provisions regarding child legitimacy that are against Syariah laws must be amended to not apply on Muslims.” AGENCIES

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