Perlis Mufti: Fatwa on illegitimate children not finalised

By Mohd Farhan Darwis

February 25, 2012

Juanda speaks during the “Apa Ada Pada Nama” forum in Kuala Lumpur, February 25, 2011. — Picture by Choo Choy May

KUALA LUMPUR, Feb 25 — Perlis Mufti Dr Juanda Jaya today said the National Fatwa Council ruling that children born within six months of their parents’ marriage may not carry the father’s name, is not deemed final until it is formally endorsed by the Conference of Rulers.

The religious scholar explained that the ruling was merely the outcome of a council discussion and not an official meeting directed by the Malay Rulers.

“The decision needs a second look,” Juanda told reporters after a forum organised by Sisters in Islam, “Ada Apa Pada Nama” (What’s in a name), this morning.

“Members of the public may still contest it (the ruling) and take their grievances to the courts should they find difficulties in registering children born less than six months from their wedding,” he said.

Juanda added that lineage was Allah’s gift to mankind and that poor interpretation of “mafhum” (implied meaning) and “mantuq” (pronounced meaning) created victims of circumstance, when Islam had never decreed that a child born less than six months into a wedding could not attribute his or her lineage to the parents.

“Islam’s nature is to preserve the dignity of each child born, whether they came from an illicit union is another matter. If a father of a child admits paternity, in Islam, the child should be attributed via ‘bin’ or ‘binti’ to the father, that is the child’s human right.”

“But it is the judgemental nature of our society that has perpetuated social ills and widespread baby dumping. Because of the stigma of having children out of wedlock, these children are cast off and that opens another road to sin,” he said.

Juanda also regretted the actions of National Registration Department (NRD) staff, whom he viewed to be acting as though they were arbiters of an individual’s legitimacy of birth.

“I still don’t understand why they have to play enforcers in determining a child’s legitimacy. Who are we to judge that? It is something for religion to handle.”

He said, “Determining a child’s lineage in Islam is through four means: legal marriage, a marriage of doubtful legitimacy, ‘Watin Shubahah’ and ‘Qaffah’, but in any case the children are attributed to their fathers.”

Juanda’s sentiments were shared by the Chief Justice of the Terengganu Syariah court Datuk Ismail Yahya, also a speaker at the forum, who stated his regrets at such judgemental acts.

“Lineage lasts a lifetime, so when children start school, have families and so on, they will be haunted by their uncertain paternity,” he said.

Another member of the panel, Bar Council representative Nizam Bashir, said that in Articles 5 and 8 of the Constitution, it was already stated that each individual has the right to a surname and their family name.

A Berita Harian report before this stated that, according to records from 2006 to 2010, as many as 234, 647 instances of illegitimate birth have been recorded in the country. Of those, 85,079 were born to Muslim parents.