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A comparative legal analysis of the rights granted to muslim illegitimate children under syariah law and civil law / Nur Shahidhzul Naqieya Zulkernain and Nurul Azmelia Abu Bakar

This research is an attempt to critically determine the legal status and the rights of the illegitimate child as well as the rights bestowed on the parents. A child would be regarded as an illegitimate child if he was born as a consequence of unlawful sexual intercourse. A child who was born before...

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Main Authors: Zulkernain, Nur Shahidhzul Naqieya, Abu Bakar, Nurul Azmelia
Format: Student Project
Language:English
Published: 2010
Subjects:
Civil law
Domestic relations (Islamic law). Family law
Online Access:http://ir.uitm.edu.my/id/eprint/32111/1/32111.PDF
http://ir.uitm.edu.my/id/eprint/32111/
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spelling my.uitm.ir.321112020-11-08T05:15:03Z http://ir.uitm.edu.my/id/eprint/32111/ A comparative legal analysis of the rights granted to muslim illegitimate children under syariah law and civil law / Nur Shahidhzul Naqieya Zulkernain and Nurul Azmelia Abu Bakar Zulkernain, Nur Shahidhzul Naqieya Abu Bakar, Nurul Azmelia Civil law Domestic relations (Islamic law). Family law This research is an attempt to critically determine the legal status and the rights of the illegitimate child as well as the rights bestowed on the parents. A child would be regarded as an illegitimate child if he was born as a consequence of unlawful sexual intercourse. A child who was born before six months of the lawful marriage can be considered as an illegitimate child. The presumption of legitimacy of a child can be rebutted as it has been stipulated under Islamic law and Civil law. It should be noted that, once the child has been regarded as an illegitimate child, his rights would be different to the rights granted to a legitimate child. The illegitimate child would only be deemed to be the child of the mother. The relationship between the mother and the child would always be recognized, as provided under Islamic law. Unfortunately, the paternity of the child cannot be established under Islamic law; therefore, the father has no rights over the said child. Due to this fact, this research examines the reasons the rights of the father cannot be recognized. Data and information of this research were gathered from various sources including textbooks, internet databases and interviews. Findings show that the illegitimate child cannot be discriminated and should be treated equally. Nonetheless, the law limits the rights of the illegitimate child in various circumstances. It is hoped that this research can be useful to illustrate the legal status of and the rights granted to illegitimate children. 2010-10 Student Project NonPeerReviewed text en http://ir.uitm.edu.my/id/eprint/32111/1/32111.PDF Zulkernain, Nur Shahidhzul Naqieya and Abu Bakar, Nurul Azmelia (2010) A comparative legal analysis of the rights granted to muslim illegitimate children under syariah law and civil law / Nur Shahidhzul Naqieya Zulkernain and Nurul Azmelia Abu Bakar. [Student Project] (Unpublished)
institution Universiti Teknologi Mara
building Tun Abdul Razak Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Teknologi Mara
content_source UiTM Institutional Repository
url_provider http://ir.uitm.edu.my/
language English
topic Civil law
Domestic relations (Islamic law). Family law
spellingShingle Civil law
Domestic relations (Islamic law). Family law
Zulkernain, Nur Shahidhzul Naqieya
Abu Bakar, Nurul Azmelia
A comparative legal analysis of the rights granted to muslim illegitimate children under syariah law and civil law / Nur Shahidhzul Naqieya Zulkernain and Nurul Azmelia Abu Bakar
description This research is an attempt to critically determine the legal status and the rights of the illegitimate child as well as the rights bestowed on the parents. A child would be regarded as an illegitimate child if he was born as a consequence of unlawful sexual intercourse. A child who was born before six months of the lawful marriage can be considered as an illegitimate child. The presumption of legitimacy of a child can be rebutted as it has been stipulated under Islamic law and Civil law. It should be noted that, once the child has been regarded as an illegitimate child, his rights would be different to the rights granted to a legitimate child. The illegitimate child would only be deemed to be the child of the mother. The relationship between the mother and the child would always be recognized, as provided under Islamic law. Unfortunately, the paternity of the child cannot be established under Islamic law; therefore, the father has no rights over the said child. Due to this fact, this research examines the reasons the rights of the father cannot be recognized. Data and information of this research were gathered from various sources including textbooks, internet databases and interviews. Findings show that the illegitimate child cannot be discriminated and should be treated equally. Nonetheless, the law limits the rights of the illegitimate child in various circumstances. It is hoped that this research can be useful to illustrate the legal status of and the rights granted to illegitimate children.
format Student Project
author Zulkernain, Nur Shahidhzul Naqieya
Abu Bakar, Nurul Azmelia
author_facet Zulkernain, Nur Shahidhzul Naqieya
Abu Bakar, Nurul Azmelia
author_sort Zulkernain, Nur Shahidhzul Naqieya
title A comparative legal analysis of the rights granted to muslim illegitimate children under syariah law and civil law / Nur Shahidhzul Naqieya Zulkernain and Nurul Azmelia Abu Bakar
title_short A comparative legal analysis of the rights granted to muslim illegitimate children under syariah law and civil law / Nur Shahidhzul Naqieya Zulkernain and Nurul Azmelia Abu Bakar
title_full A comparative legal analysis of the rights granted to muslim illegitimate children under syariah law and civil law / Nur Shahidhzul Naqieya Zulkernain and Nurul Azmelia Abu Bakar
title_fullStr A comparative legal analysis of the rights granted to muslim illegitimate children under syariah law and civil law / Nur Shahidhzul Naqieya Zulkernain and Nurul Azmelia Abu Bakar
title_full_unstemmed A comparative legal analysis of the rights granted to muslim illegitimate children under syariah law and civil law / Nur Shahidhzul Naqieya Zulkernain and Nurul Azmelia Abu Bakar
title_sort comparative legal analysis of the rights granted to muslim illegitimate children under syariah law and civil law / nur shahidhzul naqieya zulkernain and nurul azmelia abu bakar
publishDate 2010
url http://ir.uitm.edu.my/id/eprint/32111/1/32111.PDF
http://ir.uitm.edu.my/id/eprint/32111/
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score 13.211869

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