Muslim reforms group says ‘bin Abdullah’ rule an injustice

(Bernama pic)

PETALING JAYA: A vocal Islamic reforms group and a centre providing refuge for abandoned children have questioned the practice of appending “bin Abdullah” to the names of Muslim children born out of wedlock, as the country’s highest court hears a rare legal challenge by a couple denied the right to name their child after the father.

Islamic Renaissance Front (IRF) and Yayasan Chow Kit said the National Registration Department’s (JPN) practice of putting “bin Abdullah” behind the name of such children only served to stigmatise them.

IRF director Dr Ahmad Farouk Musa said the practice is outdated and does more harm than good.

“A child should not bear the burden of the parents. Why should a child live in shame for his or her entire life because of the fault of the parents?” he told FMT.

Farouk also questioned those who justify the practice, saying there is nothing in Islam “that punishes a person who has done no wrong”.

“What wrong has a child being born out of wedlock committed?”

Echoing him, Yayasan Chow Kit said the use of the term “bin Abdullah” instead of the biological father’s name exposes the child to shame and humiliation.

“From our experience, growing up without their father’s name puts the child in a vulnerable spot, whether with their peers or in school,” the welfare organisation said when asked for a response to a lawyer’s argument in the Federal Court yesterday.

“We have had cases where children with the surname of ‘bin Abdullah’ have been teased and ridiculed and they carry the stigma till adulthood,” it added in a statement.

Yesterday, JPN’s counsel Suzana Atan argued in court that the father of an illegitimate Muslim child cannot register his personal name under the Births and Deaths Registration Act (BDRA) as the law only allows for a surname, which is not applicable to Muslims in Malaysia.

She said since BDRA does not define an illegitimate child, JPN had to rely on a fatwa which prohibits the child from carrying the name of the biological father.

The Federal Court is hearing the challenge by two Muslim parents against JPN which refused to remove the “bin Abdullah” name from their child, who was born less than six months after their marriage. Under Malaysia’s shariah law, a child born less than six months after the parents’ marriage is deemed illegitimate.

A 1981 fatwa ruled that illegitimate children must carry the surname of “bin Abdullah” or “binti Abdullah”. Another fatwa in 2003 ruled that such children cannot carry the name of the father or the person claiming to be the father.

The couple lost their case in the High Court but the Court of Appeal reversed the decision, saying BDRA applies to Muslims and non-Muslims and that the child’s parents had fulfilled the act’s requirements.

JPN is appealing the case in the Federal Court, which among others must decide whether Section 13 of BDRA, which allows the biological father’s name to form part of the illegitimate child’s name, applies only to non-Muslims.

Farouk meanwhile said it was wrong to accuse critics of JPN’s practice of promoting illicit affairs.

“We believe the child, who has no say in the matter, should grow up in a healthy environment like any other child.

“The child should not have to live in a stigmatised environment for having a bin Abdullah in his name forever,” Farouk added. - FMT