Today, the issue of illegitimate child (IC) birth is a pressing matter for the Muslim community in Malaysia. It threatens the community in terms of social relationship aspect as well as the Islamic practice relating to the fatwa on nasab (ruling of lineage). Consequently, this paper intends to explain the problems oftoIC with a qualitative study which was conducted recently. Archival method and interviews were used in the study. All data was
obtained from the official fatwas, the provisions of laws, court cases and interviews with informants, which were then analyzed manually. The study’s findings show that there are two fatwas which are in effect in Malaysia. The first is the federal and all of the states’ fatwa except Perlis which decrees that all children born after six months from the date of marriage are eligible to belegally associated to the their mother’s husband. The second is the
fatwa of the state of Perlis which allows the nasabor legitimate association of a child who is born less than six months after the date of its mother’s marriage to its mother’s husband on a condition that the said husband does not deny that the child is his.The study also identifies several legal and registration issues regarding IC which can be referred to by the Muslim community. Finally, the study suggests that the IC should not be discriminated by the
community due to the mistakes of its parents. As a matter of fact, the rights of IC in the aspects of religion, social and the law must be preserved based on the Islamic justice and universality.
Source: Journal of Islamic Studies and Culture
Click here to read more.