A COMPARATIVE STUDY OF THE ILLEGITIMATE CHILD TERM FROM SHARIAH AND MALAYSIA LEGAL PERSPECTIVE

Abstract

Purpose of the study: This article focuses on the definition of ‘illegitimate children’ in Muslim society in Malaysia based on its perspective of Shariah law, Islamic family law, civil law in Malaysia, and the existing perception of the Muslim society in Malaysia. This study also aims to compare the legal terms of ' illegitimate children' from various perspectives with the layman definition of illegitimate children.
 Methodology: Research information has been obtained through the documentary data collection based on report and annual data from the Malaysian government, non-government agencies and relevant turath scriptures to obtain the best definition of “illegitimate child”. Once data have been collected, the data have been analysed using a content analysis method through deductive or inductive reasoning.
 Main Findings: The result shows that the term ‘illegitimate children’ is based on the opinions of the Muslim Scholars which is the child conceived from adultery act without a legal marriage. However, the definition of illegitimate children is broad and varies among the existing authoritative bodies in Malaysia, which include a child conceived from an adultery act, unregistered because of lack of proper documentation for registration.
 Applications of this study: The results of this study are expected to assist the authorities especially Malaysian Islamic Development Office - Jabatan Kemajuan Islam Malaysia (JAKIM), National Registration Department (JPN), Ministry of Health Malaysia (MOH), Islamic State Department of Malaysia, Shariah Courts in Malaysia and other agencies and NGOs in formulating strategies and taking follow-up actions. In addition, this study will become a reference to individuals, researchers, academicians, students, and the public in Malaysia.
 Novelty/Originality of this study: The misunderstanding about the definition of an illegitimate child according to JPN, added by the fact that JPN does not have the jurisdiction at all to determine the validity of the child that is supposed to be placed under the Shariah Court, has triggered an ongoing polemic in the Muslim community in Malaysia, concerning this child status issue.