SHAH ALAM – A perceived "loophole" within the statutes of FIFA could potentially provide the Football Association of Malaysia (FAM) with a decisive advantage in its ongoing case at the Court of Arbitration for Sport (CAS).
Sports lawyer Zhafri Aminurrashid believes FAM’s strongest argument rests on the validity of birth certificates issued by two sovereign nations.
He suggests that FIFA may lack the absolute authority to reject or declare Malaysia’s official documentation as fraudulent.
According to Zhafri, this factor could become the pivotal deciding point. If CAS accepts the birth certificates issued by Malaysia as valid, it would subsequently allow seven heritage players to represent the national team, the Harimau Malaya.
“From a documentation standpoint, we have a robust argument because we are a sovereign nation.
“When a sovereign state issues an official document, it must be recognised internationally. This is where the ‘loophole’ exists; which document will be categorised as admissible by the governing body,” he told Sinar.
FIFA imposed sanctions on seven heritage players after finding them in violation of Article 22 of the FIFA Disciplinary Code (FDC), which relates to the falsification of documents. FAM has since escalated the matter to CAS.
The hearing is scheduled for Feb 26, with a verdict expected to be announced at a later date.
Elaborating further, Zhafri stated that if the birth certificates submitted by Malaysia are upheld, they would satisfy FIFA regulations, which require proof of heritage links to at least one biological grandparent.
“Based on those documents, we can argue that all conditions for eligibility have been met.
“The question now is whether the opposing side dares to assert that one of these birth certificates is a forgery. This is a case of determining authenticity; both FIFA and FAM must prove that the certificates they hold are genuine,” he said.
However, he acknowledged that the outcome remains uncertain, describing the chances of victory as "50-50," as CAS must choose one valid certificate to reach a final ruling.
“CAS must decide which version they find credible. There has never been a historical precedent where CAS validated two different birth certificates from two different countries for the same individual. If Malaysia wins, I am certain FIFA will amend its statutes and regulations in the future to close this loophole,” he added.