Abdullah, if it’s not the father’s name, does not bestow legitimacy but creates stigma

https://www.malaysiakini.com/news/499819

https://www.freemalaysiatoday.com/category/nation/2019/11/14/johor-religious-council-fails-to-stop-fresh-hearing-in-bin-abdullah-case/

https://www.freemalaysiatoday.com/category/nation/2019/11/14/dads-name-cant-be-used-for-muslim-illegitimate-child-says-govt-lawyer/

If there’s no family name or surname, the father’s name can be the family name or surname.

The law is not only about the letter of the law but the spirit as well, with greater emphasis on the latter. The letter of the law alone is not law at all but dictatorship, it’s not about democracy.

It’s customary practice to use the father’s name as the family name or surname in the absence of a family name or surname.

Customary practices have force of law. Syariah is not based on customary practices.

In the absence of a family name or surname, Abdullah should not be used as the family name or surname if it’s not the father’s name.

Abdullah cannot be forced on anyone.

Abdullah, if it’s not the father’s name, does not bestow legitimacy but creates stigma.

Muslims, plagued by low energy and low intelligence, should adopt surnames to weed out recessive characteristics brought by inbreeding.

Islam is not about law but sin. The law is not about sin. The court is only about law. It’s not about ethics, moral values, theology, sin, God, justice, or the truth.

According to jurisprudence, God is not a source in law.

The law exists, and has always existed based on common sense, universal values and the principles of natural justice.

It’s the work of lawyers to look for the law, based on legal research, and point it out to the court.

It’s the work of the court to find the law and declare it.

Only the court can declare law. The court cannot make or create law. Only Parliament can pass laws.

The court, in declaring the law, goes into the INTENTION of Parliament and the INTENTION of the framers of the Constitution.

The rule of law is the basis of the Constitution. Keep religion at home. Malaysia is a nation-state. A nation-state is about law, not religion.

On Malaysia, the court has to also go into the INTENTION of the Founding Fathers in Borneo and the INTENTION of the people on the eve of the British departure on 16 Sept 1963.

Malaysia invaded and occupied North Borneo and Sarawak on 16 Sept 1963 since it has been non-compliant, refuse to comply, failed to comply on the Malaysia Agreement 1963 (MA63).

MA63 was supposed to be the basis for North Borneo and Sarawak to be in Federation with Malaya.

No MA63, no Malaysia.

Malaysia was a form of self-determination for North Borneo and Sarawak who were not given self-gov’t and independence by the British before 16 Sept 1963.

North Borneo and Sarawak can Invoke Article VIII of MA63 as a new form of self-determination for the way forward.

Invoking Article VIII of MA63 will pave the way for the Federal gov’t to devolve and delegate greater administrative powers to North Borneo and Sarawak, autonomy, self-gov’t and independence.

North Borneo and Sarawak can still remain in the Malaysian Common Market.

Author: fernzthegreat

Joe Fernandez holds a honours degree in management, majoring in economics, and has opted from academia in law to being a jurist. He was trained professionally on the job as a journalist. He's a longtime Borneo watcher, keen on the history and legal aspects of Malaya's presence in Sabah and Sarawak. He teaches the English language privately and has emerged as a subject matter expert in public examination techniques.

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