NRD's appeal on 'bin Abdullah' case fixed on Feb 7

The National Registration Department's appeal over the “bin Abdullah” will be heard on Feb 7 next year.

The date was fixed after the case management came before Federal Court deputy registrar Syahrin Jeli Bohari.

During the hearing of the appeal, the highest court in the country will decide on three questions of law posed:-

1)Whether in performing the registration of birth of a Muslim child, the registrar of birth and death may refer and rely on sources of Islamic law,
2)Whether the civil court may determine questions or matters on the legitimacy of Muslim children in respect to naming and ascription of paternity, and
3) Whether Section 13A of BDRA applies to registration of birth for Muslim children, enabling the children to be named with the personal name of a person acknowledging to be the father of the children.

Last month, a three-member bench led by Chief Justice Md Raus Sharif granted leave for the NRD to appeal on the issue whether Section 13A of the Births and Deaths Registration Act 1957 (BDRA), on registering a child conceived out of wedlock to take on his or her father's surname, applies to Muslim children, or Malaysians as a whole.

This is despite lawyers for the seven-year-old child's family - K Shanmuga and Nizam Bashir, arguing that Section 13A of BDRA should stand as it is, as it does not specify any distinction on its applicability to Muslims and non-Muslims.

Section 13A states "(1) The surname, if any, to be entered in respect of a legitimate child shall ordinarily be the surname, if any, of the father, (2) The surname, if any, to be entered in respect of an illegitimate child may where the mother is the informant and volunteers the information, be the surname of the mother; provided that where the person acknowledging himself to be the father of the child in accordance with Section 13 requests so, the surname may be the surname of that person."

The Court of Appeal's landmark judgment written by Justice Abdul Rahman Sebli ruled that a child conceived out of wedlock can take on his or her father's surname and that the edict on this by the National Fatwa Committee does not have the force of law.

The Johor Islamic Council is holding a watching brief on the matter, as is the Malaysian Bar. -Mkini