Dispute between FIFA and Malaysia over the birth certificates of naturalized players

The dispute over the birth certificates of seven naturalized players is intensifying, as CAS temporarily halts the punishment and legal circles raise doubts about FIFA's authority.

The Court of Arbitration for Sport (CAS) has decided to suspend the 12-month ban imposed by FIFA on seven Malaysian naturalized players after the Football Association of Malaysia (FAM) filed an appeal. This ruling allows the players to participate temporarily while awaiting the final decision, and simultaneously shifts the case towards a legal debate over FIFA's jurisdiction.

The controversy originated from suspicions regarding the naturalization documents of players representing Malaysia, including Facundo Garces, Rodrigo Holgado, Imanol Machuca, Joao Figueiredo, Gabriel Palmero, Jon Irazabal, and Hector Hevel. FIFA alleges signs of forged documents, leading to a 12-month playing ban. Recently, Malaysia has strongly denied these claims, affirming that all documents were issued by the state's competent authorities.

Specifically, former sports lawyer Zhafri Aminurashid told Stadium Astro on the evening of February 10 that the legal focus is not about which birth certificate is "more valid," but rather that FIFA lacks the authority to adjudicate the legal validity between documents issued by two sovereign nations. He clarified: “In the FAM lawsuit against FIFA at CAS, there are two birth certificates issued by two sovereign countries. FIFA does not have the authority to determine which one holds greater legal value.” This argument asserts that FIFA is not a judicial body to decide the validity of civil status documents.

Lawyer Zhafri Aminurashid also emphasized that if CAS recognizes the validity of the birth certificates issued by Malaysia, FIFA must comply with the ruling. He stated: “If CAS decides to accept the birth certificates issued by Malaysia, FIFA is obliged to allow the players to compete.” This viewpoint supports FAM's legal strategy during the ongoing appeal process.

CAS is expected to announce the outcome of FAM's appeal and the seven players' case regarding the alleged document forgery by the end of February. The final ruling will not only determine whether the players can continue competing but may also set an important precedent on the limits of FIFA's authority in disputes involving legal documents issued by sovereign nations.