PUTRAJAYA, Nov 14 — The National Registration Department (NRD) acted wrongfully when it refused to let a Johor Muslim child bear his father’s name, and when it decided on its own to put “bin Abdullah” instead, the Federal Court heard today. Lawyer K. Shanmuga, who represented the Muslim...
Lawyer: NRD wrong to disallow father’s name in Johor Muslim child’s case, unilaterally impose ‘bin Abdullah’Lawyer K. Shanmuga is pictured at the Federal Court in Putrajaya November 14, 2019. — Picture by Miera Zulyana
“They infringed the law by imposing ‘bin Abdullah’. There is no provision in the Act that empowers the NRD to impose this name,” he told the Federal Court, referring to the Births and Deaths Registration Act . The Johor child and his parents had in 2017 succeeded at the Court of Appeal in getting court orders to remove the “bin Abdullah” name which can often indicate illegitimacy for Muslim children, and also orders to have the child take on his father’s name “bin M.E” instead.
Shanmuga concluded that the Registrar could not choose to insert a name not chosen by the Muslim parents such as “bin Abdullah”, based on the federal law of BDRA. Suzana argued that for Malay Muslims without surnames, the NRD was right to have referred to two fatwas issued in 1981 and 2003 to decide to impose “bin Abdullah” on the Johor Muslim child’s name due to his illegitimacy.
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