GOVT TO APPEAL AGAINST RULING

It will seek to overturn the Court of Appeal’s decision, says Zahid

THE government will appeal a landmark ruling by the Court of Appeal to allow a child who is conceived by Muslim parents out of wedlock to bear his or her father’s name.

Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi said the government supports the National Registration Department in continuing the practice of adding the surname “bin Abdullah” in registering a Muslim child born out of wedlock.

“We will appeal to a higher court so that the decision can be overturned. This is because only legitimate children can bear their father’s name,” he said of the Home Ministry’s and NRD’s stand which adheres to the National Fatwa Council decree in 2003 of giving an illegitimate child the “Abdullah” surname.

Zahid said this during a Hari Raya celebration hosted by Gabungan Persatuan Malabar Malaysia here last night.

Similarly the Islamic Development Department (Jakim) also agrees with the NRD to maintain the procedure.

“Jakim shares the same view with NRD that the implementation for Muslim children born out of wedlock will be maintained until the Federal Court makes its decision.

“We hope NRD’s effort to file an appeal in the matter, through the Attorney-General’s Chambers (A-GC), will go smoothly,” said Jakim director-general Tan Sri Othman Mustapha yesterday.

He advised the public to remain calm on the matter until the Federal Court had made its decision.

On Friday, NRD director-general Datuk Mohd Yazid Ramli said the department was against allowing any Muslim child born out of wedlock to carry his biological father’s name.

He said the department had filed an appeal against the Court of Appeal’s decision, to the Federal Court through A-GC.

The High Court had previously ruled that under Islamic law, it was not permissible to allow a child conceived out of wedlock to carry the name of his biological father as his surname, in view of the fact that he was born less than six months from the date of the parents’ marriage.

However, on July 25, the Court of Appeal unanimously allowed a 7-year-old boy and his parents’ appeal to use the father’s name as his surname.

It ruled that a child conceived by Muslim parents out of wedlock did not have to carry the surname “Abdullah” as it carried a stigma in the Muslim community.

In Kota Baru, the Kelantan government will stick with the decision made by the National Fatwa Council that a Muslim child conceived out of wedlock and born less than six months after his parents’ marriage would not be permitted to carry the biological father’s name.

State Mufti Datuk Mohamad Shukri Mohamad said Kelantan accepted the decision years ago as it was in keeping with the mazhab of Hanafi, Hanbali, Maliki and Shafi’.

“In my opinion, there might be many (negative) implications if the National Fatwa’s decision is not abided by.

“For example, there will be unauthorised marriages (for illegitimate children) and fights among heirs for inheritance.”

Shukri urged Muslims in Kelantan and nationwide to adhere to the decision that had been established.

In 2003, the National Fatwa Council declared that a child conceived out of wedlock could not carry the name of the person who claimed to be his father if the child was born less than six months after his parents’ marriage.

It was reported yesterday that the A-GC would compile feedback from several quarters before deciding on its next course of action.