AG seeks to overturn citizenship ruling for overseas-born children
Attorney-General Idrus Harun (left) is seeking to challenge a ruling by High Court judge Akhtar Tahir.
PETALING JAYA: The government has gone to the Court of Appeal to set aside last week’s High Court decision that children born overseas to Malaysian mothers are entitled to citizenship by operation of law.
Attorney-General Idrus Harun in a text message to FMT said the notice of appeal was filed this morning.
Once the written judgment is made available, the government will file a memorandum of appeal to outline where the trial judge has erred in law and facts.
The High Court ruling last week came after six Malaysian women and the family support group Family Frontiers filed the suit in December against certain provisions of the Federal Constitution which they said were discriminatory.
The provisions in the Constitution allow only the father to pass on his citizenship to his children born outside the federation.
On Sept 9, judge Akhtar Tahir held that the word “father” in the Second Schedule of the Federal Constitution must mean and include mothers.
The judge held that mothers were entitled to confer citizenship by operation of law in all processes, just like fathers.
Lead counsel Gurdial Singh Nijar, who led a legal team to represent the plaintiffs, said that there could be no gender discrimination as Parliament had amended Article 8 of the Constitution which provides equal protection of the law.
PETALING JAYA: The government has gone to the Court of Appeal to set aside last week’s High Court decision that children born overseas to Malaysian mothers are entitled to citizenship by operation of law.
Attorney-General Idrus Harun in a text message to FMT said the notice of appeal was filed this morning.
Once the written judgment is made available, the government will file a memorandum of appeal to outline where the trial judge has erred in law and facts.
The High Court ruling last week came after six Malaysian women and the family support group Family Frontiers filed the suit in December against certain provisions of the Federal Constitution which they said were discriminatory.
The provisions in the Constitution allow only the father to pass on his citizenship to his children born outside the federation.
On Sept 9, judge Akhtar Tahir held that the word “father” in the Second Schedule of the Federal Constitution must mean and include mothers.
The judge held that mothers were entitled to confer citizenship by operation of law in all processes, just like fathers.
Lead counsel Gurdial Singh Nijar, who led a legal team to represent the plaintiffs, said that there could be no gender discrimination as Parliament had amended Article 8 of the Constitution which provides equal protection of the law.
No Gender Discrimination? We usually interpret or amend the Constitution to whatever suits our selfish bigoted self-interests.
ReplyDeleteLike the unilateral conversion of children, "parents" translated to "ibu ATAU bapa" instead of "ibu DAN bapa". And as usual this was done during MCA, MIC and Gerakan's 60-years in Gomen but they did not bother to do their job, to check and correct, simply sokong and push through parlimen, now too late for Indira Gandhi. But we expected Harapan to solve this problem in 22 months, but even Azaline, our newly "reformed" MP, candidate for Speaker was defending this bigoted view....
QUOTE
Azalina dares Pakatan to ban unilateral child conversions
Thursday, 26 Jul 2018
BY BOO SU-LYN
KUALA LUMPUR, July 26 — Pengerang MP Datuk Seri Azalina Othman Said challenged the Pakatan Harapan (PH) government today to amend the Law Reform (Marriage and Divorce) Act 1976 to prohibit unilateral conversions of children to Islam.
News portal The Malaysian Insight reported that the former de facto law minister pointed out that DAP lawmakers like Gobind Singh Deo and M. Kulasegaran, when they were in the Opposition, had questioned the Barisan Nasional (BN) government for withdrawing Section 88A from the 2016 Bill that stated the agreement of “both parties” in a civil marriage is required before a minor is allowed to convert to Islam.
“I would like to say to (Pakatan Harapan MPs), now that you are in power, make the amendments regarding the clause.
“I think it is time for the government to be committed. I believe this will resolve many misunderstandings,” Azalina was quoted as saying in the Dewan Rakyat during debates.
Amendments to the Law Reform (Marriage and Divorce) Act were passed in August last year without Section 88A, such as allowing a new Muslim in a civil marriage to file for divorce after the religious conversion and enabling the surviving spouse, children and parents of a Muslim convert who dies before the divorce goes through to claim matrimonial assets.
UNQUOTE
ALL BIAS RACIST TERRORIST SILAM RELATED RULES, LAW, Propogation Krap WILL BE MET WITH UNPRECEDENTED DEATH OF THE DARURAT MOO-LAYU IS SILAM Mutated Covid Hendra-Delta Hybrid Genocide Arab Malay Covid 2021 DEATH Virus.....DEATH OF EPIC PROPORTION AND SUFFERING TO THE ARAB MOO-LAYU SUPREMACIST RACE....SEE THIER VIRAL NON SOP PICNIC IN HULU LANGAT...NICE TO UNLEASHED IT COVID THERE..>SPIT AND LET INSECT DRONE TAKE IT TO THEIR GRAVE!!
ReplyDeleteAs a dog of this Kerajaan Allah, Idrus has to appeal the ruling. But, to be sure, I am pretty confident Idrus himself believes women's rights are half that of men.
ReplyDeleteThe Evil tag team of brothers Azhar and Idrus Harun.
ReplyDelete