KUALA LUMPUR, June 4 — The High Court in Sibu, Sarawak has recently decided that the government should remove “bin Abdullah” from the official records of the name of a child adopted in Sarawak, in consideration of the child’s best interests and in line with the adoptive Muslim parents’ wishes and request., High Court judicial commissioner Christopher Chin Soo Yin ordered that this child “should be named as intended by his parents”.
In this case, the child was born in 2018, with his original name before adoption carrying the words “bin Abdullah”. The Sibu district officer — as represented by the Sarawak State Attorney General’s Chambers’ Hisyamudin Roslan — on November 26, 2020 objected to the adoptive parents’ court bid to have “bin Abdullah” removed from official records of the child’s name.
Citing various other court decisions which included observations that the overriding objective of justice should prevail over technicalities, the judge took into account the fact that this case concerned the interests of a child, and decided that the current lawsuit may be treated as though it is an application through judicial review without undue delay.
The judge noted that this lawsuit is regarding registration of births and deaths, which falls under the Federal Constitution’s List I of the Ninth Schedule or the Federal List. The judge noted among other things the that Shariah courts have jurisdiction only over Muslims and when the subject matter is expressly listed in List II of the Ninth Schedule or the State List.
The fatwa states that an illegitimate child or a child born out of wedlock “must be given the name of Abdullah” after the child’s name. Citing two past decisions respectively at the Court of Appeal and the Federal Court which said that laws should not be interpreted or applied to retrospectively take away or impair a person’s rights, the judge said the Majlis Islam Sarawak Ordinance as a whole does not contain anything to suggest the Sarawak Islamic religious council has powers to issue a fatwa with retrospective effect.
The judge ruled that it is well-established in Malaysia that the universal principle of the best interests of the child should prevail in such cases.
“They have expressed this intention in this application as parents, they have the first right to decide what is in the best interest of the child. This is so as they are now both legally and morally responsible for this child and his welfare, emotions, health, education and generally, his upbringing,” the judge said.
Source: Law Daily Report (lawdailyreport.net)
drzul_albakri ini bertentangan dgn ajaran al quran kan?
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