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> Anak itu tidak berdosa,kasilah peluang

Chechack
post Feb 28 2012, 07:56 AM


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Lawyer: Muslim parents can question ‘illegitimate child’ ruling

KUALA LUMPUR: Muslim parents have the right to challenge the National Registration Department's (NRD) decision not to record the father's name if the child is born less than six months after their marriage, said civil law and syariah law practitioner Nizam Bashir.

“As long as they have been affected, any one of them can challenge the constitutionality of that decision,” he said.

He said the NRD practice contravened Articles 5 and 8 of the Federal Constitution, which gave a child the right to life, privacy, identity to equal treatment under the law and to non-discrimination.

He said this when asked how parents of an “illegitimate” child or the said child could act on the suggestion by Perlis Mufti Dr Juanda Jaya at the “What's in a name” forum on Saturday to challenge the NRD.

“The NRD puts Section 13 (of the Registration of Births and Deaths Act) in the birth certificate of an illegitimate child,” he said yesterday.

“This is discrimination because anyone seeing that reference will know the child is illegitimate.”

Nizam, who was also a panellist at the forum, argued that the fundamental liberties of a person remained supreme regardless of whether he or she were Muslim or not.

There are over 234,000 children who have “no-information” written in the space for their father's name in their birth certificate. Of them, some 85,000 are Muslims.

Asked how a child or mother could pursue such a legal action and maintain their privacy, Nizam said they could apply to the court to use a letter or the name John/Jane Doe.

In 1994, The Star had reported on then High Court Justice Visu Sinnadurai's decision in a case listed as Re M (an infant); Natural Parents vs Adoptive Parents (Mr and Mrs A).

On whether there was legal aid to file such cases, Nizam said the National Legal Aid Foundation only applied to criminal matters but there were some lawyers like himself who would take pro bono cases.

Sisters In Islam programme manager Suri Kempe said affected parents could call their Telenisa line at 03-7784 3733 for referrals.

Malaysian Bar president Lim Chee Wee said one can contact Vilashini Vijayan at 03-2050 2095 or vila@malaysianbar.org.my for assistance.

Lawyer2 in da hausss

This post has been edited by Chechack: Feb 28 2012, 07:57 AM
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aeppy
post Feb 28 2012, 10:10 AM


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so? the conclusion is?
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ps3 fanboy
post Feb 28 2012, 10:18 AM


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anak haram patutnya dibin kan abdullah je..ni mau tutup dosa mak bapak
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samftrmd
post Feb 28 2012, 10:21 AM


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QUOTE(ps3 fanboy @ Feb 28 2012, 10:18 AM)
anak haram patutnya dibin kan abdullah je..ni mau tutup dosa mak bapak
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Abdullah Badawi?
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YameteOniichan
post Feb 28 2012, 10:21 AM


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anak haram patutnya dibin kan abdullah je..ni mau tutup dosa mak bapak


kesian la ppl who name is abdullah. anak all halam
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azarimy
post Feb 28 2012, 10:23 AM


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QUOTE(ps3 fanboy @ Feb 28 2012, 02:18 AM)
anak haram patutnya dibin kan abdullah je..ni mau tutup dosa mak bapak
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actually, mak bapak dia yg kena tukar nama, pasal ni dosa mak bapak dia. bukan dosa dia (bayi tu).

apsal pulak budak tu kena live with dosa mak bapak dia sampai umur dia 70-80 tahun?
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ps3 fanboy
post Feb 28 2012, 10:35 AM


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QUOTE(azarimy @ Feb 28 2012, 10:23 AM)
actually, mak bapak dia yg kena tukar nama, pasal ni dosa mak bapak dia. bukan dosa dia (bayi tu).

apsal pulak budak tu kena live with dosa mak bapak dia sampai umur dia 70-80 tahun?
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dosa besar macam tu boleh hilang ke? ni aku nak tanya ko sikit..budak tu of coz tak berdosa, ni tujuan untuk memalukan parents jer.

itu sebab Federal Constitution x boleh campur syariah law
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imin
post Feb 28 2012, 10:37 AM


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QUOTE(azarimy @ Feb 28 2012, 10:23 AM)
actually, mak bapak dia yg kena tukar nama, pasal ni dosa mak bapak dia. bukan dosa dia (bayi tu).

apsal pulak budak tu kena live with dosa mak bapak dia sampai umur dia 70-80 tahun?
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sokong. tu la pasal. mak bapak yang tak gune. anak tu suci je. den pernah dgr pendapat pasal ni yang den sokong; depa kate knp nak perlu heboh2 pasal name anak sumer ni; ending yg akan malu bila besar nnt anak yg takde ape2 dosa tu gak.. padahal yg buat dosa ni mak bapak diorang. so gunekan je lah name bapak dia. dosa bapak dia dgn Tuhan bukan bole padam pun kalau dia letak name anak dia bukan bin kan dia.
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imin
post Feb 28 2012, 10:39 AM


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QUOTE(ps3 fanboy @ Feb 28 2012, 10:35 AM)
dosa besar macam tu boleh hilang ke? ni aku nak tanya ko sikit..budak tu of coz tak berdosa, ni tujuan untuk memalukan parents jer.

itu sebab Federal Constitution x boleh campur syariah law
*
anak tu lagi malu. parents kalau dah perangai setan camtu nak malu ape. tgk la sekarnag brp ramai org melayu islam tak malu peluk2 depan public.
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izdyharz
post Feb 28 2012, 10:55 AM


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QUOTE(ps3 fanboy @ Feb 28 2012, 10:35 AM)
dosa besar macam tu boleh hilang ke? ni aku nak tanya ko sikit..budak tu of coz tak berdosa, ni tujuan untuk memalukan parents jer.

itu sebab Federal Constitution x boleh campur syariah law
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The current system FAILED! The one that affected most is the children. We need to overhaul the current system.
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Keith321
post Feb 28 2012, 10:59 AM


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After looking at the title, immediately understood what sort of people would condemn
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PetomJL
post Feb 28 2012, 11:05 AM


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If the parents want to cover up, just say that the child is adopted, I don't see any harm in having 'Abdullah' as binti. If do not want want Abdullah then can use any other Allah's names ~ Abdul Rahman, Abdul Karim, there are 99 other variants.

The reason why biological father's name is not allowed because according to religious rules, the child is not considered his lineage. They are not mahram, any rule of father-child do not apply to them. Unless if the mother breastfeed the child, then only they are related because of foster relationship. And Islam do not allow attaching adopted/foster fathers name to a child. So there.

Btw... many people said illegitimate children are normally very beautiful ~ in a way it is how the 'nature' privileges them.

The child is innocent, no doubt. There is no reason the fact that he/she is illegitimate need to be disclosed. Just consider them adopted.

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Chechack
post Feb 28 2012, 11:08 AM


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QUOTE(PetomJL @ Feb 28 2012, 11:05 AM)
If the parents want to cover up, just say that the child is adopted, I don't see any harm in having 'Abdullah' as binti. If do not want want Abdullah then can use any other Allah's names ~ Abdul Rahman, Abdul Karim, there are 99 other variants.

The reason why biological father's name is not allowed because according to religious rules, the child is not considered his lineage. They are not mahram, any rule of father-child do not apply to them. Unless if the mother breastfeed the child, then only they are related because of foster relationship. And Islam do not allow attaching adopted/foster fathers name to a child. So there.

Btw... many people said illegitimate children are normally very beautiful ~ in a way it is how the 'nature' privileges them.

The child is innocent, no doubt. There is no reason the fact that he/she is illegitimate need to be disclosed. Just consider them adopted.
*
married but pregnant before marriage, have blood relations with father and mother can be proved by DNA still not mahram?lol
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imin
post Feb 28 2012, 11:08 AM


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QUOTE(PetomJL @ Feb 28 2012, 11:05 AM)
If the parents want to cover up, just say that the child is adopted, I don't see any harm in having 'Abdullah' as binti. If do not want want Abdullah then can use any other Allah's names ~ Abdul Rahman, Abdul Karim, there are 99 other variants.

The reason why biological father's name is not allowed because according to religious rules, the child is not considered his lineage. They are not mahram, any rule of father-child do not apply to them. Unless if the mother breastfeed the child, then only they are related because of foster relationship. And Islam do not allow attaching adopted/foster fathers name to a child. So there.

Btw... many people said illegitimate children are normally very beautiful ~ in a way it is how the 'nature' privileges them.

The child is innocent, no doubt. There is no reason the fact that he/she is illegitimate need to be disclosed. Just consider them adopted.
*
somehow i'd agree with your suggestion. but if say adopted child, means the mom also can't claim she born the child. so I think just consider the father is dead/kia biggrin.gif
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old_and_slow
post Feb 28 2012, 11:14 AM


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QUOTE(ps3 fanboy @ Feb 28 2012, 10:18 AM)
anak haram patutnya dibin kan abdullah je..ni mau tutup dosa mak bapak
*
kalau anak luar nikah semua bin/binti abdullah, nanti nama abdullah tak laku lagi...
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enCORe
post Feb 28 2012, 11:28 AM


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notworthy.gif
sokong !

anak luar nikah mestilah di-binkan Abdullah, haram di-binkan pada bapa angkat, lebih baik anak ni tahu dia diangkat daripada dirahsia, bila dah tau rahsia ni parah doh.gif


QUOTE(ps3 fanboy @ Feb 28 2012, 10:35 AM)
itu sebab Federal Constitution x boleh campur syariah law
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PetomJL
post Feb 28 2012, 11:29 AM


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QUOTE(Chechack @ Feb 28 2012, 11:08 AM)
married but pregnant before marriage, have blood relations with father and mother can be proved by DNA still not mahram?lol
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Well legal rules supersede biological rules. Even Shafie said the father and child can marry each other (most other scholars dont agree though). That shows the extent that they are not 'legally' related.

QUOTE(imin @ Feb 28 2012, 11:08 AM)
somehow i'd agree with your suggestion. but if say adopted child, means the mom also can't claim she born the child. so I think just consider the father is dead/kia biggrin.gif
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Haha well, that can be a good pretext as well. Regardless, the child is considered of his/her mother's lineage. Only the lineage of the father is severed. That is why the ideal 'bin' should be the mother's name, but if u do that then straight away ppl know he is illegitimate. >_<

QUOTE(old_and_slow @ Feb 28 2012, 11:14 AM)
kalau anak luar nikah semua bin/binti abdullah, nanti nama abdullah tak laku lagi...
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That's where ppl got it wrong. Not necessarily Abdullah, any other Abd + Allah's name can do.

My mother's binti also Abdullah (because my grandfather's name is Abdullah laugh.gif). In no way the name gives her problems at all. Most converts also prefer abdullah as father's name, I don't see any problem with that.
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old_and_slow
post Feb 28 2012, 11:34 AM


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QUOTE(PetomJL @ Feb 28 2012, 11:29 AM)

My mother's binti also Abdullah (because my grandfather's name is Abdullah  laugh.gif). In no way the name gives her problems at all. Most converts also prefer abdullah as father's name, I don't see any problem with that.
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what i meant is if all "anak haram" use abdullah, then the normal people also would feel ashame to have abdullah because people's mindset can change wink.gif
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ctwice
post Feb 28 2012, 11:35 AM


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dumbass idea
in the future you'll see any bin abdullah to be labelled as anak haram or anak angkat. send the kid to school and see how that affects his/her future.
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adren1
post Feb 28 2012, 11:46 AM


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racist law u enjoice
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PetomJL
post Feb 28 2012, 11:51 AM


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QUOTE(old_and_slow @ Feb 28 2012, 11:34 AM)
what i meant is if all "anak haram" use abdullah, then the normal people also would feel ashame to have abdullah because people's mindset can change wink.gif
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Lollsss for the umpteenth times, it is not necessarily Abdullah, any Abdul can do. People will then avoid using the 99 names? Very unlikely. This rule has been there for 1500 years, yet Abdullah is still very widespread (Prophet's father's name was Abdullah, remember).

The ultimate solution is to have zero anak haram altogether, rather than worrying how a name can become unpopular wink.gif.

QUOTE(ctwice @ Feb 28 2012, 11:35 AM)
dumbass idea
in the future you'll see any bin abdullah to be labelled as anak haram or anak angkat. send the kid to school and see how that affects his/her future.
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Only orang pokok will sort to labelling this and that. I won't care much for uncivilized attitude.

QUOTE(adren1 @ Feb 28 2012, 11:46 AM)
racist law u enjoice
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U post in wrong thread?
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fantasy1989
post Feb 28 2012, 11:53 AM


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simple...parents piap piap be4 married ..born out punya kiddo shouldnt tanggung all teh sin ...want blame? blame parents
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Hezegroth
post Feb 28 2012, 12:14 PM


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yeah org pokok start labelling bin abdullah = anak luar nikah. they fear what they started
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tobleroneberyls
post Feb 28 2012, 05:43 PM


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QUOTE(ps3 fanboy @ Feb 28 2012, 10:18 AM)
anak haram patutnya dibin kan abdullah je..ni mau tutup dosa mak bapak
*
nope..cant..Rasulullah tegaskn bahawa haram klau ubah nama bapak..ada hadis tntng ini..
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