PUTRAJAYA: An application by 20 couples and a single mother to become parties to an appeal case pertaining to the naming of Muslim children conceived out of wedlock was dismissed by the Federal Court yesterday.
However, Chief Justice Md Raus Sharif, who chaired a five-man panel, ruled that Azhar Azizan Harun, lawyer for the 41 parents, could apply to appear as amicus curiae (friend of the court) at the Feb 7 hearing.
Justice Md Raus said the application to be an intervenor was a judicial review matter and certain procedures had to be followed before it could be heard.
“But here you are instead jumping straight to the Federal Court.
“We dismiss the application. Counsel to apply to appear as amicus curiae during the proceeding,” Justice Md Raus.
Other judges on the panel were Justices Zainun Ali, Balia Yusof Wahi, Jeffrey Tan Kak Wha and Alizatul Khair Osman Khairuddin.
Representing the National Registration Department (NRD), its director-general and the Government were senior federal counsels Shamsul Bolhassan and Mazlifah Ayob.
The Federal Court will hear the appeal by the NRD, its director-general and the Government against the appellate court’s decision that a Muslim child conceived out of wedlock can use his or her father’s surname instead of “bin Abdullah” on Feb 7.
On Sept 8 last year, the Federal Court allowed the appellant’s application for leave over three questions of law.
On July 25 last year, the Court of Appeal ruled that the NRD director-general was not bound by a fatwa (religious edict) issued by the National Fatwa Committee over the surname of a Muslim child born out of wedlock.
Did you find this article insightful?