An Analysis & Commentary Of The Federal Court’s “Bin Abdullah” Case: A Conciliatory Approach To The Constitutional Dilemma In The Light Of Ascribing And Registering Paternity Of llegitimate Child

Prior to the Federal Court’s decision, the Court of Appeal’s judgment in the case of A Child & Ors v Jabatan Pendaftaran Negara & Ors [2017] 4 MLJ 440 that reversed the High Court’s decision in A Child & Ors v Jabatan Pendaftaran Negara & Ors [2016] MLJU 1579 in unanimously allowing the illegitimate child to bear the name of his or her biological father and for the biological father’s name to be registered in the birth certificate of the illegitimate child had witnessed nationwide controversies, debates and polemics in all stratum of society ranging from the local Islamic scholars and the Muslims in Malaysia in general. This controversial and endless critics against the Court of Appeal’s decision was put to an end by the Federal Court in Jabatan Pendaftaran Negara & Ors v A Child & Ors (Majlis Agama Islam Negeri Johor, intervener) [2020] 2 MLJ 277, that reversed the said Court of Appeal’s decision in the sense that it held that an illegitimate child could not bear the biological father’s name. However, looking in an in-depth manner to the judgement, whether such judgment really put to an end of the issue of paternity and registration of an illegitimate child is a question that consequently triggers the writing of this paper. In pursuant thereof, this paper would dissect, analyse and comment the Federal Court’s judgement comprehensively while drawing due reference to the principles and legal rulings in the Shari’ah. Having so doing, this paper would attempt to suggest and devise a harmonious legal landscape in the issue of ascription and registration of illegitimate child’s paternity that would satisfy both civil and Shari’ah legal regime as applicable in Malaysia