Malaysia at disadvantage in legal battle with FIFA: lawyer

Brazilian-born striker Joao Figueireido (L) celebrates the opening goal in Malaysia's 4-0 win over Vietnam in the 2027 Asian Cup qualifiers, at Bukit Jalil Stadium, Malaysia on June 10, 2025. Photo by VnExpress/Hai Tu

Nik Erman, who has over 20 years of experience in sports and commercial law, explained that the core of this case is FIFA's view on responsibility principles and the independent obligation of member associations to verify player eligibility.

FAM's defense, claiming reliance on the Malaysian government's confirmation, does not hold much weight. FAM must take responsibility, even if they claim to be unaware or without intent.

"An offense that has strict liability is the absence of intention and knowledge," he described FAM's handling of the case to New Straits Times, adding that whether FAM or the players knew the documents were falsified is legally irrelevant, as the offense lies in their submission.

In 2025, FAM registered seven naturalized players from Argentina, Brazil, Spain and the Netherlands, submitting documents to FIFA claiming their grandparents were born in Malaysia, a key requirement for naturalization by bloodline. However, the FIFA Disciplinary Committee (FDC) later found that the original birth certificates revealed the grandparents were not born in Malaysia.

FDC stated that they had no trouble accessing these original documents, unlike the difficulties FAM and the National Registration Department (NRD) had mentioned.

"The big question on every fan's mind is how FIFA managed to get the documents and NRD cannot?" he added. "It's not enough to just say diligence was done."

Malaysia's Ministry of Home Affairs (KDN) released a statement on Wednesday, affirming that all citizenship decisions were made according to the federal constitution and without external pressure. Minister Datuk Seri Saifuddin Nasution Ismail assured that the process was not influenced by third parties.

However, Nik Erman pointed out that the issue is not whether the players were naturalized according to Malaysian law.

"This is not a question of whether they are Malaysians under national law," he said. "FIFA is not questioning the NRD for granting nationality. It is questioning the eligibility of players to play for Malaysia under FIFA statutes."

He further clarified that while a country might agree to naturalize someone, FIFA has strict rules for players wishing to represent a national team. Players must have a parent or grandparent who is a citizen or was born in the country, or they must have lived there for five consecutive years after the age of 10, or three years before the age of 10.

On Sept. 26, FDC fined FAM 350,000 Swiss francs (US$436,234) and the seven players 2,000 francs each for falsifying documents. They are also banned from all football activities for 12 months. The players, Hector Hevel, Gabriel Palmero, Facundo Garces, Rodrigo Holgado, Imanol Machuca, Joao Figueireido and Jon Irazabal, all featured in Malaysia's 4-0 win against Vietnam at the 2027 Asian Cup qualifiers on June 10.

Despite the legal challenges, Nik Erman insisted the appeal was necessary for the national interest. He urged FAM to provide a detailed and credible defense against FIFA's findings.

"It would be best to avoid using the 'I didn't know' or 'I had no intention' defense. The focus should be on showing real due diligence and possibly arguing the proportionality of sanctions."

FAM has until Oct. 14 to submit its detailed appeal to the FIFA Appeals Committee.

Former FAM committee member Christopher Raj called for an immediate presidential election to restore the association's damaged image, according to Scoop.

FAM is currently under the leadership of acting president Mohd Haji Mahadi after president Joehari Ayub resigned on Aug. 22, citing health issues.

Raj pointed out that FIFA communicates only with FAM president and general secretary, making an election crucial for proper communication and appeal.