Section 116
Section 116
(1)
Where a man acknowledges, either expressly or impliedly, that another person is his lawful child, the man shall be deemed to be the father of the child if the following conditions are fulfilled —
(a)
no other person is deemed to be the father of the child;
(b)
the difference in the ages of the man and the child is such that it is reasonable to have a father and child relationship between them;
(c)
if the child is akil baligh, and has acquiesced the acknowledgement that he is the child of the man;
(d)
it is possible for the man and the mother of the child to be validly married at the time of conception;
(e)
the acknowledgement is not merely that the child is his but that the child is his legitimate child;
(f)
the man is competent to make a solemnisation;
(g)
the acknowledgement is made with the distinct intention of conferring the status of legitimacy;
(h)
the acknowledgement has a definite meaning and the child is acknowledged to be his natural child.
(2)
In this section, “akil baligh” means a person who is mature and of sufficient age in accordance with Hukum Syara’.
Presumption from acknowledgement rebuttable.