KUALA LUMPUR, July 28 — The National Registration Department (NRD) said today children conceived out of wedlock will not get to bear their father’s name, despite a landmark decision allowing so by the Court of Appeal.
The department’s director-general Datuk Yazid Ramli said it maintain the status quo with regards to Muslim children conceived such a way as has applied to challenge the appellate court ruling with the Federal Court.
“The current implementation at the NRD in regards to a Muslim child conceived out of wedlock to bear the father’s name will continue as usual.
“Any amendment to the implementation will only be considered after the Federal Court decision,” he said in a statement.
He explained that the decision to keep to the status quo was based on the previous High Court decision that under Islamic laws, Muslim children are not allowed to bear the name of their purported father as they were born less than six months into their parents’ marriage.
“As such, the NRD’s actions are in line with the decision of the National Fatwa Council,” he added.
Yesterday, a three-judge panel at the Court of Appeal ruled to allow a Muslim child whose parents conceived him before they wedded, the right to bear his father’s name.
Justice Datuk Abdul Rahman Sebli, who chaired the three-man Bench, was reported saying in judgment that the NRD director-general is a civil officer and is bound by civil law.
The judge added that the NRD director-general is not obligated to apply, let alone to be bound by a fatwa issued by a religious body such as the National Fatwa Committee.