An appeal from the National Registration Department and two others against the decision to allow a Muslim child conceived out of wedlock to adopt the father's name as a surname will be reheard by the Federal Court on Aug 16.

The panel to hear the case will consist of five judges, instead of the seven originally set.

Lawyer Nizam Bashir, representing the couple and their child whose names have been withheld, said all parties involved were notified of this change during case management today.

"The court took note of the importance of the appeal, but they were unable to empanel seven judges on Aug 16, and the court could not postpone the matter further," he said when contacted.

In May 2017, the couple and their child were allowed leave to file a judicial review to compel the NRD director-general to replace the child’s 'Abdullah' surname with the name of the father in the birth certificate.

The NRD, its director-general and the government filed an appeal to overturn the decision.

Under syariah law, a child born less than six months after the parents' marriage is considered illegitimate.

The appellants' case was heard by the Federal Court last year, with the five-member bench led by former chief justice Md Raus Sharif reserving its decision.

Raus has since resigned. Several judges on the panel have also retired.

- Bernama