NSTnation: The Federal Court, in a majority 4-3 decision, ruled that a Muslim child conceived out of wedlock cannot bear his father’s name.
The seven-member bench led by Court of Appeal President Datuk Rohana Yusuf allowed partly the appeal brought by the National Registration Department , its director-general and the government to set aside the appellate court’s decision.
Justice Rohana who delivered the majority Federal Court decision today said Section 13A of the Births and Deaths Registration Act 1957 does not apply to the registration of births of Malay Muslim children as Malays do not carry any surnames. Justice Rohana, however, issued a consequential order for the NRD director-general to remove ‘bin Abdullah’ from the birth certificate of the child in the case.Justice Rohana held that the NRD director-general could not impose the fatwa of the National Fatwa Committee on the child since there was no fatwa on how to name an illegitimate child was gazetted in Johor.
The child was born less than six months after the parents’ marriage, which is seen as being illegitimate under Syariah Law.
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