The Court of Appeal decision stating that children conceived out of wedlock can be registered with their father's name is in line with Islam, says Sisters of Islam (SIS).

SIS says the judgment written by Justice Abdul Rahman Sebli following the unanimous decision by the bench embodies the spirit of justice taught in Islam.

"The decision by the Court of Appeal is within the pillars of Maqasid Syariah which is Daruriyyah (Necessity) which relates to the protection of life (nafs).

"The Quran in Surah al-Ahzab 33:5 states “Call them by (the names of) their fathers: that is more just in the eyes of God.”

"While this is understood to refer to adopted children, it is not impossible to extend the spirit of the verse to recognise the biological fathers of children conceived or born out of wedlock," it said in a statement.

It added that the decision was "compassionate" and took into account the best interest of the child, which is consistent with Islamic teachings and universal human rights.

In the written judgment, Justice Abdul Rahman said the National Registration Department has no right to register a child conceived or born out of wedlock with any other surname if the biological father agrees that the child takes his surname.

The Court of Appeal said the NRD need not heed any National Fatwa Council edict on the matter because the edict is not law.

The National Fatwa Council states that a child born less than six months after his or her parents' got married cannot carry the father's patronymical surname.

This prompted the NRD to register the child in the case adjudicated as "bin Abdullah" instead of his father's name.

This is despite the father consenting to and applying for his name to be used as his son's patronymical surname.

The child was born five months after his parents tied the knot.

The judge said the court also considered that being registered as "bin Abdullah" unfairly punishes the child when he did no wrong.

The government is appealing the decision at the Federal Court.