KANGAR: The Perlis National Registration Department (NRD) has been urged to abide by the Court of Appeal’s landmark ruling to allow illegitimate Muslim children to use their biological father’s name as their surname.
Perlis Mufti Datuk Dr Mohd Asri Zainul Abidin said the Perlis NRD has yet to allow illegitimate children from being registered under the 'bin' and 'binti' after the biological father's name despite a fatwa (edict) on the matter being gazetted since 2013.
According to the state fatwa, a child born before six months after a couple is married, could be registered with bin' and 'binti' to the father, as long as he is married to the woman he impregnated and that he acknowledged that the child is his.
The fatwa was gazetted with the consent by the Raja of Perlis as the head of the state's Islamic affairs.
“However, this has yet to be applied by the department. All this while, the NRD is sticking to the Malaysian Islamic Development Department's (Jakim) stand with regards to the matter.
“By rights, such matter are under the respective state's jurisdiction, not Jakim’s," he told a press conference at his office today.
He also rubbished claims that such a fatwa would only encourage more out-of-wedlock pregnancies as couples could name their child by the father's name instead of the common procedure to apply 'bin' or 'binti’ Abdullah.
He argued that the real reason contributing to illegitimate children is the complicated marriage process, apart from the individuals' self-awareness that could lead to social issues.
Asri stressed that the fatwa was derived from a number of prominent ulamas’ stand, which is in line with the nature of Islam that promotes forgiveness.
"The fatwa is was aimed at protecting the child and the parents from shame and from being misjudged by others, which in turn could led to an adverse effect.”
As such, Asri called on the national Fatwa Council and other states to review the current ruling to reflect Malaysia’s multi-ethnic society and that of other developed countries.
On Wednesday, the Court of Appeal allowed an appeal by a seven-year old boy and his parents to use the father’s name as the child’s surname, on the grounds that the surname ‘Abdullah’ carries a negative stigma among the Muslim community.