The case is complicated because the National Fatwa Council has stated that a Muslim child born out of wedlock cannot be linked to any man claiming to be the child’s father.

Section 85 of the Islamic Family Law (Federal Territory) Act 1984 (Act 303) provides that custody of an illegitimate child is limited only to the mother or her next of kin.

However, while the legal provisions are clear, the implementation is apparently not.

This is true in the case of Nor Arlene Ruffin Mark Britt Ruffin, 30, who wants custody over her nine-year-old daughter, whom she claimed was kidnapped by her former boyfriend, Mohd Izam Mohd Ramzan.

While she has the law on her side, Izam claimed her past proved she was unfit to care for their child and questioned the law which he said did not seem to take the child’s best interests into account.

Arlene, speaking to FMT, said she was only 19 when she found herself pregnant with Izam’s baby. She claimed he didn’t want the child and asked her to abort it.

Instead, she left him and raised the child for eight years on her own.

She admitted she had a troubled past. When the going got tough, she reached out to her ex-boyfriend who by then was already married with children of his own.

They agreed to joint custody. But over a year ago, he refused to hand her back their eight-year-old daughter.

“One day when I wasn’t home, he came to my mother’s house with some men and took my child away without any warrant or court order, nothing. I haven’t seen her since then.”

That was a year and two months ago.

The courts favoured her but the authorities were reluctant to act.

Arlene said she obtained a court order demanding that Izam temporarily give her custody of her daughter.

But a day after she went to Izam’s house, accompanied by several policemen, Arlene alleged that the same team told her there was nothing they could do.

They told her Izam’s father, a wealthy businessman, was “really angry at all of us”.

“I cry a lot thinking about her, all the time.

“I’ve changed a lot and now work as a manager at a comedy house, but Izam still calls me an incapable mother. All I want is my daughter back with me.”

She had applied for dual custody of her daughter and the case was mentioned on June 16, but due to Izam’s absence, it was postponed to July 26.

FMT contacted Izam, who claimed he was fighting for his daughter as she often missed school while under Arlene’s care. He also alleged the child was sexually assaulted by a neighbour’s son due to Arlene’s negligence.

“I am aware of the shariah law as I had previously engaged a shariah lawyer to fight for my daughter.

“Unfortunately, I lost as the shariah law does not take into account the welfare of the child and my right as her biological father.

“So, irrespective of whether the mother harms her child, or even forces the child into prostitution, the biological father does not have custodial rights under the law.

“I find this disturbing and inhumane. It is sad that in non-Islamic countries, custody is given to the parent who has the best interests of the child at heart.”