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Cases

JABATAN PENDAFTARAN NEGARA & ORS v. SEORANG KANAK-KANAK & ORS; MAJLIS AGAMA ISLAM NEGERI JOHOR (INTERVENER)
Federal Court, Putrajaya
Rohana Yusuf PCA, Azahar Mohamed CJM, David Wong Dak Wah CJSS, Zawawi Salleh, Abang Iskandar Abang Hashim, Idrus Harun, Nallini Pathmanathan FCJJ
[Civil Appeal No: 01-43-09-2017(W)]
13 February 2020
[2020] 2 MLRA 487

JUDGMENT

Rohana Yusuf PCA:

Introduction

[1] This appeal raises the issue of whether the Director General of National Registration ("DGNR") possesses the authority, under the Births and Deaths Registration Act 1957 ("the BDRA") to ascribe "bin Abdullah" instead of the biological father's name to the name of an illegitimate Muslim child in registering the birth of that child. Related to this issue is whether the DGNR in doing so was correct in giving consideration to the personal law of a Muslim person.

[2] The High Court had on 4 August 2016, ruled the legal issue by holding that the DGNR had such power, but it was reversed by the Court of Appeal on 25 May 2017. On the decision of the Court of Appeal, this court granted the DGNR and two others (the appellants) leave to appeal on three questions of law.

Background Facts

[3] The 1st respondent ("the Child") is the son of MEMK (the 2nd respondent) and NAW (the 3rd respondent). MEMK and NAW are both Muslims.

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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