PUTRAJAYA: A seven-member Federal Court bench will rehear an appeal on whether a Muslim child conceived out of wedlock can carry the father’s name.
Nizam represented the parents of the boy in question while federal counsel Mazlifah Ayod appeared for the National Registration Department and the government. Others on the bench were Ahmad, Hasan Lah, Aziah Ali and Balia Yusof Wahi. All except Ahmad have since retired. According to a 1981 fatwa, illegitimate children must carry the surname of “bin Abdullah” or “binti Abdullah”.
Justice Abdul Rahman Sebli, who delivered the judgment, said the BDRA, as a federal law, covers all illegitimate children whether Muslim or non-Muslim. They lost their case in the High Court, but the decision was reversed by the Court of Appeal in 2017.
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