ANAK TAK SAH TARAF DAN KESANNYA KEPADA STATUS AGAMA: KAJIAN KES ROSLIZA IBRAHIM

This article aims to discuss the views of Islamic jurists (fuqaha) on the issue of illegitimate children and its impact on religious status based on the Rosliza Ibrahim case. The issue of religious conversion or leaving Islam consistently raises conflicts and debates among legal practitioners in Malaysia. This phenomenon arises due to the collision between two different jurisdictions - the Syariah court jurisdiction and the civil court jurisdiction. Among the issues involved in this jurisdictional conflict are child custody rights, child maintenance, inheritance, and determination of one's religious status. When conflicts arise in determining someone's religious status, the courts inevitably refer to existing laws, including the Federal Constitution, which is the country's primary law. This writing is a qualitative study where library research methods were applied in data collection by referring to written materials such as academic books, book chapters, journal articles, and legal documents related to the research topic.The discussion in this article will also refer to decisions made by the High Court, Court of Appeal, and Federal Court in the Rosliza Ibrahim case, as well as comparisons with precedent cases in determining religious status and apostasy. The findings and analysis in this case show that the Federal Court in the Rosliza Ibrahim case maintained and followed decisions in precedent cases which provide jurisdiction to the Civil Court to hear cases relating to one's religious status, while the Syariah Court maintains jurisdiction in apostasy cases. However, the minority judgment in this case should be taken into account and considered, especially regarding the role of Islamic religious authorities such as the Fatwa Committee in providing views on cases involving Islamic law.