The Perspective Of Muslim Scholars In Naming An Illegitimate Child After The Biological Fathers: An Analysis Of The Perlis State Fatwa

The stance of the Perlis State Fatwa on the lineage of an illegitimate child (ATST) represents a minority view, in comparison to the National Fatwa. While the Perlis State Fatwa recognizes the lineage of ATST to the biological father, the National Fatwa requires the name Abdullah to replace the ATST lineage. Since it is a matter of ijtihad, the difference of opinion with the fatwa of the majority in Malaysia in this regard is common among muftis. In this regard, the purpose of this article is to examine the rationale behind the fatwa of the state of Perlis on the recognition of the biological father in the lineage of an illegitimate child. This study re-evaluates the arguments and evidence that led to the issuance of the fatwa. The methodology employed in this study is interpretive, utilising a qualitative approach for the study design, while document content analysis is used for data collection and analysis. The findings of this study demonstrate that the evidence for supporting the lineage of an illegitimate child to the biological father is subjective and open to debate. There is a consensus among jurists from the Hanafiat, Malikiyyat, Syafi'iyat, and Hanabilat schools of thought that the principle of lineage should be established based on a valid marriage supported by strong evidence and zero disputes. Therefore, this study suggests that the scope of research on fatwa concerning the lineage of illegitimate children should be broadened to account for evolving societal realities, ensuring that the fatwa remains relevant over time.