41 parents fail to become parties in ‘bin Abdullah’ case

Source: Free Malaysia Today

Chief Justice Raus Sharif however allows them to become friends of the court in landmark case on whether Muslim children born out of wedlock can be given the surname of a person acknowledging himself as the father.

Picture of Raus Sharif

Picture drawn from Free Malaysia Today

PUTRAJAYA: Twenty couples and a single parent have failed to become parties in a Federal Court appeal that will decide whether a Muslim child conceived out of wedlock can take his or her father’s surname instead of “Abdullah”.

However, a five-court bench led by Chief Justice Raus Sharif allowed them to become amicus curiae (friend of the court) to assist parties in the appeal which will be heard on Feb 7.

Raus said the appeal came by way of judicial review and it was not fair for the applicants to be made interveners.

“There are various steps to follow. If we allow it, it will be side-stepping the procedures,” he said.

Senior federal counsel Shamsul Bolhassan, who appeared for the National Registration Department (NRD), its director-general and the government, was not invited to make his submission.

Lawyer Azahar Azizan Harun, who represented the applicants, later told reporters he would appear as a friend of the court.

Interveners appear as parties to the appeal and, as such, can make submissions as of right. Those with “friend of the court” status only have the privilege of addressing the court at the invitation of the bench.

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