Out-of-wedlock names: NRD gets stay order

PETALING JAYA: The Federal Court has granted a leave application on a Court of Appeal ruling that a Muslim child conceived out of wedlock can use his or her father’s surname instead of “bin Abdullah”.

The application was by the National Registration Department (NRD), Johor Islamic Religious Council (MAIJ) and Federal Territory Islamic Religious Council (MAWIP).

Chief Justice Tan Sri Md Raus Sharif headed a three-man panel that included Court of Appeal president Tan Sri Zulkefli Ahmad Makinudin and Datuk Alizatul Khair Osman Khairuddin.

Senior federal counsel Ahmad Terrirudin Mohd Salleh represented the NRD, its director-general, and the government.

Md Raus fixed Sept 8 for the hearing of the application for leave by the three appellants.

He struck out MAWIP’s application to intervene in the leave application while granting MAIJ’s.

The hearing comes after a landmark decision in July when the Court of Appeal had ruled that a child conceived out of wedlock can take on his or her father’s surname.

The ruling covers all children conceived out of wedlock, whether Muslim or non-Muslim.

The court made the ruling in an appeal involving a sevenyear-old child, who was born five months and 24 days (or five months and 27 days according to the Islamic Qamariah calendar) after his parents married.

Justice Datuk Abdul Rahman Sebli, who wrote the unanimous decision in the 29page judgment, said the jurisdiction of NRD directorgeneral is a civil one and is confined to determine whether the father had fulfilled the requirements of Section 13A(2) of the Births and Deaths Registration Act.

This ruling essentially reads that the edict on such matters by the National Fatwa Committee does not have the force of law.