This post is for general informational functions only and is not intended to be tangan kedua or construed as legal advice in any metode whatsoever.

Of late, there have actually been a mageri of legal worries that have actually been taken to court surrounding islamic matters. While the issues of unilateral child conversions v Indira Ghandi and also reconversions through Rooney Rebit might sound familiar, we now have actually the masalah of “bin Abdullah” children that is fast coming to be a hot topic that its own.

Anda sedang menonton: Bin atau binti anak luar nikah

The pertanyaan you may have actually now is why is the an masalah for Muslim youngsters to be provided the “bin Abdullah” surname? The reason simply is the the “bin Abdullah” surname can indicate that the boy was born illegitimate or born out of wedlock. ketika this typically means the same thing, that has berbeda connotations in Islam due to a fatwa that specifies illegitimate kids as:

Child born the end of wedlockChild born less than 6 months from the wedding

Based turn off statistics detailed to united state by sister in Islam (“SIS”), in 2014, the end of 474 cases reported, 27 cases connected the masalah of illegitimate children. In 2016, that jumped up to 48 cases out the 419 cases. In particular, fine be looking in ~ two cases – one in Johor, who aku mengambilnya the NRD to court, and lainnya in KL who we had actually the opportunity to interview.

To offer you a much better idea the the problem challenged by “bin Abdullah” children and dari mereka parents, SIS arranged an interview where we spoke to Rahman and his wife, Aisyah around the plight of their 13 tahun old son, Adam. Dari mereka names have been changed for functions of privacy.

 

The family recorded in the middle

Rahman and also his wife are both in milik mereka thirties. That looks rather tired, and also slightly uncomfortable. She, top top the various other hand, is a figured out looking woman however equally offers off a hints of discomfort. Adam is a gangly 13 year old who stayed in the waiting area transparent the interview as his parents have made decision to keep him in the dark till the matter has been resolved.

Their cerita starts in 2003 once Adam was born 3 month after Rahman married Aisyah. Together is usual because that the birth of every child, Rahman and Aisyah proceeded come the NRD to document the birth of milik mereka son. Rahman and Aisyah have actually heard story of kids in comparable situations being given the “bin Abdullah” surname and menjadi surprised once the birth certificate came bagian belakang with the name...Adam bin Rahman and also the words, “Permohonan s. 13” to be on it. Kapan they no think this words brought much weight, it would come back to haunt castle 12 years dibawah the line.


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A snapshot of Adam’s birth certificate

Since they were prepared come have anda son named Adam bin Abdullah due to the scenarios of his birth, they were overjoyed the Adam would lug his father’s name, figuring that stories of youngsters being provided “bin Abdullah” surnames dulu because their fathers refused to identify them.

Fast depan years later and also Adam is now 12 year old. ~ his birthday in December, Rahman takes his kid to the local NRD to obtain his identification card (“IC”) done. As normal, Rahman filling in the membentuk and submits it at the counter. His applications was accepted by the officer in charge and Rahman pipeline NRD v Adam in tow. Three hrs later, Rahman receives a panggilan from NRD telling him that he has to come bagian belakang and withdraw his application. Stunned, Rahman asks why and also the officer claims that since his situation is classified as an application under section 13 (the very same section mentioned on the birth certificate), he have to cancel his present application and also reapply through the his son’s name listed as...Adam bin Abdullah.

Rahman asks for lebih-lebih lagi details or one explanation however the officer is persistent that there is nothing he deserve to do and hanya keeps asking Rahman to go back to the NRD come cancel his application and also reapply v the “bin Abdullah” surname. Worried around Adam’s emotional wellbeing over unexpectedly not gift able to carry his father’s name anymore, Rahman cancelled his young IC applications as directed yet did not reapply through the “bin Abdullah” surname.

He fretted over this decision as he knew the his kid would face obstacles without one IC yet at the exact same time, he knew Adam wouldn’t know why he had to have a new name suddenly. Aside from that, Rahman knew that his boy would confront the brunt of sosial stigmatization faced by children who bring the “bin Abdullah” surname. Together Aisyah succinctly put it:

If our son had been given the bin Abdullah surname from the start, we would have welcomed it and we mungkin have described to Adam why that doesn’t bring his father’s name but after 12 years, that is an overwhelming for us to describe the situation to Adam. It would certainly be challenging for that to address the inquiries from his friends.

Our only worry is how this would affect our child because we believe that ours mistakes must not be borne through Adam.” – Aisyah, mom of Adam, in one interview through agenbolaonline.org, interpreted from Bahasa Malaysia

You can read an ext about the cerita of Rahman’s household from the Malay Mail’s article here who together interviewed the family members with agenbolaonline.org. 

So this leads united state to the crux of the problem, i m sorry is... 

 

The clash in between religion and secularism 


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A puzzle indeed. Picture from giphy.com

In order come see just how the problem came about, we very first have come see exactly how secular civil law treats one illegitimate child, and also how seperti a son is faced in the islamic context. 


Remember how Rahman was told that his son had actually to lug the bin Abdullah nama belakang because it was a ar 13 application? This refers to section 13 that the Births and also Deaths it is registered Act 1957 (“BDRA 1957”) and also it reads as adheres to (emphasis added): 

“...in the instance of one illegitimate child, no person shall as father of the kid be required to give information worrying the birth of the child, and the Registrar shall not go into in the daftar the surname of any rakyat as father of the child except at the share request that the mother and also the rakyat acknowledging himself to it is in the father of the child, and also that person akan in the case tanda the itu terdaftar together through the mother.”

Section 13 means that once there is a registration of birth of one illegitimate child, the Registrar does not need to record dibawah the details that the dad unless and also until the mother and the rakyat claiming to it is in the dad of the kid requests because that the father’s surname to it is in recorded. Section 13 must be read with section 13A(2) which says that (emphasis added):

“The surname, if any, to be entered in respect of one illegitimate child may wherein the mother is the informant and also volunteers the information, be the nama keluarga of the mother; provided that where the person acknowledging self to it is in the dad of the son in accordance with ar 13 inquiry so, the nama keluarga may be the surname of that person.”

Section 13A(2) method that illegitimate kids can only untuk mengambil their father’s kastil if the male acknowledges himself as the father the the kid as per section 13 and requests because that the boy to bring his surname. 

A allude to note is the the an interpretation of an illegitimate child under the BDRA is simply the every day an interpretation of a kid born the end of wedlock. It melakukan not bawa pulang into account the time of marital relationship (which you will see in the islam definition). 

An example of exactly how these 2 sections work together is together follows:

Ali marries Siti and also a child (Abu) is born come them 4 months after their marriage.

Ali and also Siti continue to the NRD come register dari mereka child’s birth and also both request the Ali is come be videotaped as the dad of Abu (section 13).

Since Ali has actually acknowledged himself together the dad of Abu, Abu’s nama belakang would it is in Ali’s surname (section 13A(2)).

Therefore, Abu’s name would be Abu bin Ali.


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Muslims represent about 60% that the population in Malaysia. Image native Astro Awani

The national Registration room (NRD) referred to two fatwas (yes we recognize the plural for fatwa is fatawa) as a kurung for milik mereka decision to daftar these youngsters as “bin Abdullah”. These are:

1981 Fatwa (emphasis added)

“Muzakarah Jawatankuasa Fatwa Majlis Kebangsaan bagi bab Ehwal Ugama Islam Malaysia Kali ke 1 yang bersidang di ~ 26-29.1.1981 telah membincangkan Penamaan Anak Tak Sah taraf (Anak Luar Nikah). Muzakarah telah memutuskan bahawa:

Anak zina ataukah luar menikah (anak tak sah taraf) kemiripan ada mengikuti dengan perkahwinan senin pasangan medang bapanya atau tidak hendaklah dibinkan atau dibintikan kepada Abdullah.” 

2003 Fatwa (emphasis added)

“Muzakarah Jawatankuasa Fatwa Majlis Kebangsaan bagi halaman Ehwal Ugama Islam Malaysia Kali nanti 57 yang bersidang di ~ 10.6.2003 telah membincangkan mengenai Anak Tak Sah Taraf. Muzakarah telah memutuskan such berikut:

a. Anak Tak Sah tingkat ialah:

1. Anak yang dilahirkan di luar menikah sama ada acibe zina ataukah rogol dan dia bukan daripada persetubuhan syubhah atau bukan daripada anak perhambaan.

2. Anak dilahirkan kurang dari 6 bulan 2 lahzah (saat) mengikut Takwim Qamariah daripada tarikh tamkin (setubuh).

b. Anak tak sah tingkat tidak boleh dinasabkan kepada lelaki yang menyebabkan kelahirannya atau kepada sesiapa apa mengaku dulu bapa kepada anak tersebut. Oleh itu, mereka noël boleh pusaka mempusakai, noel menjadi mahram dan noël boleh menjadi wali.”

Basically, the 1981 fatwa states that an illegitimate child must carry the “bin Abdullah” (or “binti” if it is a girl) surname ketika the 2003 fatwa clarifies the definition of an illegitimate child as a son that is born out of wedlock or a boy that is born less than 6 months from the date of sexual intercourse.

Perhaps some of you are start to view why the NRD garbage Adam’s IC application – Adam to be born a tinggal 3 months after Rahman and also Aisyah’s wedding. Follow to the fatwas, he has actually the negara of an illegitimate child and must be given the “bin Abdullah” surname. 

This of course leads to the crux that the issue, i m sorry is...

 

Syariah, fatwas, and also where they was standing in Malaysian law


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We recognize it can be confound but gua in there. Image from somethingawful.com 

As Malaysia is a multi-cultural and multi-religious country, we often waktu have to accommodate the ranges of beliefs and practices present. Sometimes, this creates a little of a conundrum specifically when it i do not care enmeshed v legal issues. This is where Rahman’s trouble comes in due to the fact that the 2 islam fatwas room in conflict with the Births and Deaths registration Act 1957

Before we move into the legalities, let’s clarify what a fatwa is and also its legit position in Malaysia. 

fatwa is an Islamic legitimate pronouncement, issued by an professional in religious law (mufti), pertaining come a particular issue, to deal with an melepaskan where islam jurisprudence (fiqh), is unclear.

In Malaysia, reference needs to be made to the federal Constitution to recognize the position of fatwas in the law. Specifically, attention have to be paid to short articles 3, 75, and also the State perform (Ninth Schedule).

Article 3 makes mention of Islam together the official religion of Malaysia and sets the end that Islamic legislation is a matter of State law di bawah the administration of the Sultan of each State. This should be check out in conjunction v Article 75 which states that if a State legislation is in dispute with a federal law, the State regulation will be void.

The State List discovered in the ninth Schedule lays the end the areas i m sorry falls di bawah State jurisdiction whereby laws deserve to be do by the Dewan undang Negeri of respective States, as opposed come the federatif List i beg your pardon states down areas which parliament legislates on. Together you may suspect, Islamic law falls di bawah the State perform and specifically, Muslims in each State can it is in subjected to islamic laws on matters relating to succession, marriage, divorce, maintenance, adoption, legitimacy, guardianship etc. 

We understand that this is every pretty confuse but hanya bear in mental these few points:

The Sultans and also muftis the each says can issue their own fatwas and it can be made right into State regulation if gazettedThe muftis of every State have the right to choose even if it is or no to take on the fatwas do by the national Fatwa CommitteeFatwas can just be gazetted (given legitimate status) if that falls within the area that islamic law has actually power over e.g marriage, divorce, sequence etc.If the fatwa (which has been gazetted and also made right into State law) contravenes any federal law, it will be voidState legislations are usually known as enactments or ordinances

As we mentioned in the start of the article, Adam isn’t the just child affected by the “bin Abdullah” issue. In fact, the household is in reality waiting for the final outcome of a lawsuit that took place in early 2017. 

 

A household in Johor sued the NRD because that this really reason

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As a rapid overview top top the Johor case, the father (known come the media together MEMK) and mother (known together NAW) had actually a child that was born 5 months and 24 hari after the day of dari mereka marriage. MEMK kemudian decides to itu terdaftar his child’s birth and despite the NRD approving MEMK and also NAW’s joint applications to daftar MEMK together the father dibawah section 13, dari mereka child was offered the “bin Abdullah” surname in his birth certificate.

MEMK kemudian applies come the NRD to exactly his child’s bear certificate to reflect his surname but it was rejected. MEMK and also NAW kemudian sued the NRD. 

In the High Court, the referee sided with the NRD and claimed that what the NRD did to be lawful as it was in line with islamic law. Dissatisfied v the decision, MEMK appeals his case and also the Court of very nice overturned the High Court’s decision. To make the referee digestible, these room the few questions that were posed to the Court:

Whether the Director basic of the NRD has to power to offer illegitimate Muslim youngsters the “bin Abdullah” surname?Does ar 13 have to be tertulis on the child’s bear certificate to menonjol his illegitimate status?Whether the fatwas can be tangan kedua as a resource of legit authority for determining one illegitimate children surname di bawah section 13A(2)?Whether the fatwas have kekuasaan of law?Whether there to be a basis to invoke a religious element in the NRD’s decision untuk membuat process?

In short, the Court of appeal disagreed v the High Court since it ruled the the language found in ar 13A(2) was clear and also unambiguous. The sets the end that an illegitimate child’s surname have the right to be either:

(i) the mother’s, if she volunteer the information or 

(ii) the father’s, if he registers himself as a father under section 13 and also requests because that the boy to bear his surname. Over there is no point out of the use of the “bin Abdullah” surname. 

Further come that, the court declared that the BDRA 1957 melakukan not make a distinction between the it is registered of Muslim or non-Muslim children. The NRD’s decision to refer to the fatwas was wrong together the 2003 fatwa was in direct contravention (violation) of ar 13A(2). Past that, the judge also stated that (emphasis added):

“The jurisdiction is a polite one...For that purpose, the is not obligated come apply, let alone it is in bound through a fatwa issued by a religious body...That would in impact be to bawa pulang away the statutory right accorded come the by s. 13A(2) to have his surname ascribed together the nama keluarga in the birth certificate. A fatwa or a spiritual edict approve by a religious tubuh has no kekuatan of law...in the lack of any express supplication in the BDRA to import the application of islamic law ~ above legitimacy in the registration of a surname di bawah s. 13A(2), there was no mengurung to invoke any religious element in the decision-making process.” – Abdul Rahman Sebli JCA, A child & Ors v Jabatan Pendaftaran country & Ors, 25th July 2017

The quotation above answers questions 1, and also 3-5 and in short, states that fatwas cannot be used as a source of legal authority, they perform not have kekuasaan of law and also there was no mengurung for invoking a spiritual element in the NRD’s decision membuat process. 

The court goes on to explain that even if the fatwa has a kekuasaan of law, the is only confined to problem relating to hukum syarak and has actually nothing to carry out with the NRD’s duties, which is to daftar all the births and deaths in Peninsular Malaysia. Have to the Director basic go past that duty, he would certainly be acting in excess of his powers. 

Finally, the court clarified that section 13 merely sets the end the procedure because that a father to be registered together the father of one illegitimate child. The does not require the insertion the the ar 13 information on milik mereka birth certificate. Hence, it is not a legal requirement. 

At the end of the day, the court discovered that the father’s appropriate to have his name tangan kedua as his child’s kastil was a statutory right given to that by law and also the NRD had actually no ideal to refuse him that his rights. 

If you guys are rejoicing for this Johor family as well as for Rahman and also his family, gua on. 

 

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The question of the hour.Image from lifemualaf.blogspot.my

The fight is no over… yet.

The NRD has actually appealed their case to the persatuan Court and they are currently awaiting dari mereka hearing which has actually been set for February. If the federatif Court sides through MEMK and also NAW, kemudian Rahman and also Aisyah deserve to breathe a sigh that relief. This would mean that they would be maybe to use for Adam’s IC in time for him come sit for his PT3 examinations

If the Federal Court sides through the NRD kemudian Rahman and Aisyah have actually one of three options open to them:

To register milik mereka son’s name as Adam bin Abdullah and attend to the after-effects that comesTo carry out the process of tabbani – to take on Adam together a child (since he is not taken into consideration as Rahman’s boy legally) and also then nasabkan (to make Adam component of Rahman’s lineage, together a issue of speaking) AdamTo change Rahman’s name to among the 99 names of God and also let Adam lug that kastil (apparently the NRD gave Rahman a an option of giving his son a “bin Abdullah nama keluarga or among the 99 names of God)

Obviously no one of these choices are appeal to Rahman and also Aisyah together Adam would still have actually to resolve a state of confusion and emotional upheaval. Milik mereka frustrations at the bureaucracy and confusing state of regulation is ideal surmised by Aisyah:

“Kalau pihak JPN kata mereka merujuk kepada fatwa buat menbin Abdullahkan anak saya sekarang, saya nak tanya pihak JPN, anak saya kafir lah dari masa bayi sampai umur 12?” – Aisyah, mom of Adam, in one interview v agenbolaonline.org

Adam is now entering membentuk 2. That still doesn’t have an IC and, worst that all, that is start to suspect that miscellaneous is amiss together he constantly questions Aisyah and Rahman about when he would certainly be receiving his IC. His parents room still make the efforts to keep Adam the end of the loop due to the fact that they space worried the the berita would adversely affect his emotional wellbeing. All conversation stopped as us exited the interview room and also saw Adam curiously staring at us. We then said our goodbyes come the parents who showed up utterly downtrodden. 

 

The federal Court has overturned the 2017 ruling, which permitted an illegitimate Muslim boy to have their father’s name, rather of “bin or binti Abdullah”. In a landmark decision, it’s decided that:

1. Illegitimate Malay Muslim youngsters born out of wedlock aren’t allowed to have anda father’s name. This is because Section 13A of the Births and also Deaths it is registered Act (1957) does not use to the bear registration of Malay Muslim children, together Malays execute not lug surnames.

2. The NRD (National registration Department) is ordered come remove “bin Abdullah” indigenous the child’s bear certificate. The national Fatwa Committee had actually previously make a fatwa that ruled because that illegitimate kids to have “bin Abdullah” as dari mereka name. However, dari there is no fatwa gazetted in Johor—the child’s bear state—when the case started, on how to name an illegitimate child, the NRD mungkin not impose the fatwa because that this case.

Lihat lainnya: Contoh Pidato Bahasa Indonesia Tema Pendidikan Terupdate, Contoh Pidato Bahasa Inggris Tentang Pendidikan

So far, there is no confirmation even if it is the child will have any sort of last name at all. We’ll update the write-up as and also when there is a confirmation on it.