[2017] CLJ JT (6)

A CHILD & ORS v. JABATAN PENDAFTARAN NEGARA & ORS
COURT OF APPEAL, PUTRAJAYA
TENGKU MAIMUN TUAN MAT JCA, ABDUL RAHMAN SEBLI JCA, ZALEHA YUSOF JCA
[CIVIL APPEAL NO: W-01(A)-365-09-2016]
25 JULY 2017

ADMINISTRATIVE LAW: Exercise of administrative powers - Judicial review - Application for - Whether Director General of National Registration has power under Births and Deaths Registration Act 1957 ('BDRA') to ascribe patronymic surname 'bin Abdullah' to illegitimate Muslim child - Entry of illegitimate child's surname in register pursuant to s. 13 of BDRA - Father applied to use his name as child's surname - Whether requirements under s. 13A(2) of BDRA fulfilled - Whether entry of surname 'Abdullah' in child's birth certificate a clear error of fact and substance within meaning of s. 27(3) of BDRA - Whether a requirement of law that birth certificate of illegitimate child must be endorsed with s. 13 information - Whether Director General's decision to make impugned entries in child's birth certificate unauthorised by law - Whether Director General acted outside scope of power and in excess of his jurisdiction

ADMINISTRATIVE LAW: Remedies - Judicial review - Application for - Whether Director General of National Registration has power under Births and Deaths Registration Act 1957 ('BRDA') to ascribe patronymic surname 'bin Abdullah' to illegitimate Muslim child - Muslim child born less than six months from date of parents' marriage - Whether fatwa stating that illegitimate child cannot be surnamed to the father could be used as a source of legal authority for the purpose of determining an illegitimate child's surname under s. 13A(2) of BDRA - Whether fatwa or religious edict issued by religious body has force of law - Whether there was basis to invoke religious element in decision making process - Whether Director General acted outside scope of power and in excess of his jurisdiction

CHILDREN: Illegitimate child - Ascription - Muslim child born less than six months from date of parents' marriage - Entry of illegitimate child's surname in register pursuant to s. 13 of Births and Deaths Registration Act 1957 ('BDRA') - Father applied to use his name as child's surname - Whether requirements under s. 13A(2) of BDRA fulfilled - Director General of National Registration rejected father's application and ascribed patronymic surname 'bin Abdullah' to child - Whether Director General has power to do so - Whether entry of surname 'Abdullah' in child's birth certificate a clear error of fact and substance within meaning of s. 27(3) of BDRA - Whether a requirement of law that birth certificate of illegitimate child must be endorsed with s. 13 information - Whether fatwa stating that illegitimate child cannot be surnamed to the father could be used as a source of legal authority for the purpose of determining an illegitimate child's surname under s. 13A(2) of BDRA - Whether there was basis to invoke religious element in decision making process - Whether father has statutory right to have his name ascribed as child's surname in birth certificate - Whether Director General acted outside scope of power and in excess of his jurisdiction



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