Bar: Respect court ruling on surname

> ‘NRD, Jakim risk contempt of court with their criticisms’

PETALING JAYA: Those who have criticised the Court of Appeal decision which allows illegitimate Muslim children to bear their father’s name, are risking contempt of court, said the Malaysian Bar.

Expressing shock over the recent statements by the National Registration Department (NRD) and the Department of Islamic Development (Jakim), Bar Council president George Varughese said while the government has the right to appeal against the decision, all parties would have to comply with the decision unless there was an order for a stay of execution, or if the Federal Court reversed the ruling.

“The Malaysian Bar urges all parties, especially the authorities, to abide by the decision of the Court of Appeal, and to respect the judiciary and the process of the administration of justice.

“To do otherwise would be an affront to the rule of law, and would lead Malaysia down the path of lawlessness,” he said in a statement.

On July 25, the Court of Appeal ruled that illegitimate children are allowed to take up the surname of the person acknowledging himself to be the father, citing the Births and Deaths Registration Act 1957.

The Court of Appeal bench also ruled that a “fatwa” (religious edict) had no force of law.

However, the director-generals of the NRD and Jakim have reportedly said their departments would continue to adhere to the National Fatwa Committee’s edict in 2003, which does not allow illegitimate children to use the surname of the father.

Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi had also expressed support for the stand taken by the two agencies.