KUALA LUMPUR: The government is planning on amending the Federal Constitution so that all Malaysian mothers will be able to confer their citizenship to their children born abroad, Home Minister Datuk Seri Hamzah Zainudin told the Dewan Rakyat today.
However, he pointed out that such an amendment requires the approval of the Council of Malay Rulers.
"The ministry plans to bring up this matter so that a new policy can be (formulated) by the government to amend the constitution to make it easier for mothers who give birth to their children abroad even when they are married to foreigners.
"At the same time, this matter needs the approval of the Council of Malay Rulers in line with Article 159(5) of the Federal Constitution," he said in his winding-up speech on the motion of thanks to the Royal Address today.
Recently, the Kuala Lumpur High Court ruled that Malaysian mothers have the right to confer citizenship to their children born overseas, on equal basis with Malaysian men.
The court ruled that Article 14(1)(b) of the Federal Constitution together with the Second Schedule, Part II, Section 1(b), pertaining to citizenship rights, must be read in harmony with Article 8(2) of the Federal Constitution, which prohibits discrimination based on gender.
Judge Datuk Akhtar Tahir also said that the word "father" must be read to include mothers and that their children are entitled to citizenship by operation of law.
Following that, Hamzah said the government has decided to appeal and apply for a stay of execution on the High Court's latest ruling so that the execution of the decision can be postponed.
"This is to avoid contempt of court and at the same time to ensure the Federal Constitution is not violated," he said.
In December 2020, six Malaysian women and family support group Family Frontiers filed a legal suit against the decades-old law which they described as discriminatory.
Malaysia is one of 25 countries that do not give mothers and fathers equal rights under the country's citizenship law.
Instead, the Federal Constitution gives fathers the automatic right to confer citizenship to their children born abroad but made no mention of mothers.