PAS' Kuala Nerus MP Mohd Khairuddin Aman Razali has proposed a new law that would make fatwas binding on the civil courts with regard to issues relating to Islam.

His proposal was in response to a Court of Appeal decision which ruled that children conceived out of wedlock can take on the father's surname and that an edict by the National Fatwa Committee forbidding it did not have the force of law.

"There needs to be an Act of Parliament giving the force of law to state fatwas which should be a reference and can bind the civil courts with regard to issues concerning Islam," he said in a statement today.

Khairuddin said the federal constitution recognises Islam as the religion of the federation.

As such, he said Islam should be a reference for all matters including matters of law.

Khairuddin added that the Court of Appeal should have also referenced Section 110 to 119 of the Islamic Family Law (Federal Territory) Act 1984 which outlined the legitimacy of a child in a Muslim family.

However, the law only applies to the Syariah Courts.

The government and the National Registration Department (NRD) have appealed the case.