Father has NO right to custody when...

Pursuant to Section 86 of Enakmen Undang-undang Keluarga Islam (Negeri Selangor) 2003, custody of any "anak tak sah taraf" goes to the mother and the mother's family. FULL STOP! No questions asked.

"Anak tak sah taraf" are children born out of wedlock, i.e. a child conceived from extramarital sex, premarital sex, rape or a child born less than 6 months after the parents' "pernikahan".

In such circumstances, the "nasab" does not go to the biological father. The consequence of this are as follows

1. The child cannot carry the biological father's name (i.e. cannot be "bin" or "binti" the biological father's name);
2. The biological father is not the child's "mahram" and therefore cannot be the child's "wali" (for female child). Only "wali hakim" may be used;
3. The child has no right to inheritence to biological's father's estate; and
4. Custody is strictly to the child's mother and the mother's family.