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Muslim girlfriend and non-Muslim boyfriend had a child

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asked on Mar 24, 2016 at 03:11
by   lost person
edited on Mar 29, 2016 at 10:24
 
A friend of mine (non-Muslim guy) had a long term girlfriend (a Chinese but converted to Muslim due to first marriage to a Muslim guy but currently divorced with a child from her previous marriage). Both of them had a child (2nd child for the girlfriend) together and not married as she is already a Muslim by the time they are together. They registered the child with Jabatan Pendaftaran Negara (JPN) but she had put her Chinese name instead of her Muslim's name together with my friend's name as the father even though they are not married. Basically she lied to JPN about her religion and put as Christian instead of Muslim. So the child was registered as Chinese in JPN. Now they are not together anymore, what happens to the child?

Question:
1) Who has the right custody to the child?
2) If the custody belongs to the mother, does the mother have the rights to demand money or property from the ex-boyfriend for the child?
3) If the custody belongs to the mother, does the father have the rights to visit the child even though they are not married?
4) Will the girlfriend be punish for lying about her religion to JPN? What happen to the child then?
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6 Answers

answered on Mar 24, 2016 at 15:08
by   jeff005
@ lost person

Personal Opinions tendered based on your Q's above

1/ Mother has custody. Non muslims have no rights AT ALL as she is a chinese convert.

2/ No rights for anything as there is no marriage contract.

3/ Father has no custody rights or even visitation rights to the child. (Resolve this issue amicably)

4/ Under Syariah Laws there should be provisions for this type of situation. JPN under will have its own set of penalties. The child can be sent to a muslim welfare home and can be converted automatically.

It is best to seek advices from a Registered and Qualified Syariah Lawyer. Non muslims ARE NOT allow to indulge into Syariah Laws.
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answered on Mar 28, 2016 at 13:11
by   vkpc
edited Mar 28, 2016 at 19:57
 
4) will the girlfriend be punished for lying about her religion to JPN?
No.

What will happen to the child then?
Nothing.
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answered on Mar 28, 2016 at 17:50
by   lost person
edited Mar 28, 2016 at 19:58
 
Instead of hearing in the Syariah court.. can this case be contested in other court...maybe civil? as father is not Muslim and only mother is Muslim.

Can't the father have at least visitation rights as he is the father in the birth cert, even though they are not married?
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answered on Mar 28, 2016 at 22:33
by   JeffOO5
edited Mar 29, 2016 at 10:26
 
@ lost person

Personal Views
For Child Custody or related matters as well as for child maintenance, if a party is a Muslim, it must be heard in a Syariah Court. or until a time when there are changes in the current Civil laws and Syariah Laws (in the positive direction).

You can file it in a Civil Court, but the Civil Court will transfer it to Syariah Courts.

A non-Muslim cannot enter a suit or defense in a Syariah Court (even non-Muslim lawyers cannot represent), so no case.

Can't the father have at least visitation rights
Private arrangements with the mother. If the Muslim mother do not allow, going to any court also no use.

A point of interest in this case.
The mother is a Chinese convert.
The child is non-Muslim.
If the mother has properties or inheritances and dies intestate, the child gets Nothing under the Syariah Law of Assets Distribution. The assets will go to the Syariah Council for distribution. Even if a WILL is written to the benefit of the non-Muslim child, it is void.

Perhaps the Muslim lawyers now on this forum can enlighten us on this issue.
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answered on Mar 29, 2016 at 01:45
by   vkpc
Can't the father have at least visitation rights?
Can.  He can visit the child every time he goes there to give child support payments.

Parents can talk to each other without Courts.
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answered on Apr 1, 2016 at 21:41
by   Lost person
Mother refused the father to even see the child...hence the need for visitation rights. She is non-negotiable personally.
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