KUALA LUMPUR – The Court of Appeal has unanimously dismissed the attempt by the National Registration Department (NRD) to stay rulings that a Muslim child conceived out of wedlock can now take his or her father’s surname.
Court of Appeal judge Justice Tengku Maimun Tuan Mat held that the panel felt that there were no special circumstances to grant a stay.
The other two judges on the panel were Justices Abdul Rahman Sebli and Zaleha Yusof.
Speaking after proceedings, the lawyer for the family – Nizam Bashir – said that the court held that a stay was not necessary as the NRD was able to undo or correct anything that was done pursuant to the court’s ruling.
He said the decision was handed down on May 25, the application for leave to appeal was filed on June 19, the grounds of judgment were made on July 25 and the stay application was filed on July 31.
“We also informed the court that we will not enforce the Court of Appeal’s ruling for the time being until disposal of the leave to appeal or following proceedings at the Federal Court,” added Nizam.
Meanwhile, Senior Federal Counsel Mazlifah Ayob who acted for the NRD, its director-general and the Government, said that they applied for a stay pending the disposal of leave to appeal at the Federal Court.
On July 25, the same panel ruled that a Muslim child conceived out of wedlock can now take his or her father’s surname.
The appellate court ruled that the National Registration Department (NRD) director-general is not bound by a fatwa or religious edict issued by the National Fatwa Committee to decide on the surname of a Muslim child conceived out of wedlock.