THE Malaysia Muslim Lawyers Association has urged the government to amend the Births and Deaths Registration Act (BDRA) to exclude Muslims from some parts of the law.

Its president, Zainul Rijal Abu Bakar, made the call following the Court of Appeal ruling that a Muslim child conceived out of wedlock could take on the father’s name.

The ruling was made based on Section 13 of the act, which allows illegitimate children to bear the name of their biological fathers if both parents agree to it, and considering that shariah law is limited to inheritance matters when it came to illegitimate children.

Zainul said the government should make the amendment in respecting Islam as the religion of the federation, and exempt Muslims from provisions under the act that contravened shariah law.

“The court ruled that it is a registration matter, and letting the child take on the father’s name will prevent stigma and psychological problems for the child.

“But, the effects of the ruling also touch on child legitimacy, inheritance and other matters that fall under the purview of the shariah court.

“The simplistic approach taken by the Court of Appeal will invite all sorts of polemics and destroy the institution of Muslim families... it will also complicate inheritance and other issues.”

In a statement posted on his Facebook page today, Zainul said BDRA could not be read separately from other laws, such as the Constitution and Islamic laws.

He said the Islamic Family Law (Federal Territory) Act, which provides for child legitimacy, should be used as a guide as it was specifically for Muslims, unlike BDRA, which covered both Muslims and non-Muslims.

“Any provision on child legitimacy that contravenes shariah law should be amended so Muslims are exempted.”

Zainul suggested that the government address the issue of stigmatisation by letting illegitimate children take on Muslim names other than “Abdullah” as their surname.

Presently, all illegitimate Muslim children have “Abdullah” as their surname. The same applies for Muslim converts.

“I am grateful that the Attorney-General’s Chambers has stated that an appeal against the ruling will be filed,” said Zainul.

“Hopefully, the federal court will make a decision that is more in line with shariah law.” – July 28, 2017.