Federal Court dismisses Maria Chin's bid to appeal Shariah contempt proceedings
PUTRAJAYA, June 26 — Former Petaling Jaya Member of Parliament Maria Chin Abdullah cannot proceed with her appeal in the Federal Court to challenge the Court of Appeal's decision in denying her leave to challenge a show-cause notice issued by the Shariah High Court for contempt.
This followed today's decision by a three-member bench of the Federal Court, consisting of Justices Datuk Nordin Hassan, Datuk Abu Bakar Jais and Datuk Vazeer Alam Mydin Meera, in dismissing Maria's application to obtain leave to appeal against the appellate court's decision.
Justice Nordin, who chaired the bench, said there was no novel issue warranting the Federal Court to hear and determine her appeal.
He said the issue relating to the jurisdiction of the Shariah Court and Civil Courts under Article 121 (1A) of the Federal Constitution was made clear in previous court cases, including a recent one on a woman's challenge against her religious status.
He said Maria failed to meet the threshold requirement under Section 96 of the Courts of Judicature Act 1964.
The Shariah High Court had issued the show cause notice in 2019 after Maria, 68, commented on the court's decision to impose a prison sentence on Emilia Hanafi, the former wife of businessman SM Faisal SM Nasimuddin.
Faisal, through his lawyers, had sought leave to initiate contempt proceedings against Maria at the Shariah High Court, and his request was granted by the court.
A show cause notice was subsequently issued to Maria in 2019, requiring her to explain why she should not be held in contempt for criticising the Shariah High Court's decision.
Maria then sought leave to commence a judicial review application in the Civil High Court in 2021, naming the then Minister of Religious Affairs Zulkifli Mohamad Al-Bakri, the Federal Territories Islamic Religious Council (MAIWP), and the Federal Territories Shariah Judiciary Department as respondents.
On Aug 22, 2022, the Civil High Court granted her leave to commence the judicial review, but this decision was overturned by the Court of Appeal on Nov 27 last year when it allowed an appeal by the Attorney General's Chambers (AGC).
In April 2022, the Shariah High Court sentenced Maria to seven days in prison for contempt. Maria, however, did not attend the hearing as she was hospitalised at the time.
Meanwhile, lawyer Datuk Akberdin Abdul Kader, who held a watching brief for Faisal today, told the media that Maria has to go back to the Shariah Appeals Court for her appeal against the sentence.
In today's proceeding, Senior Federal Counsel Ahmad Hanir Hambaly @ Arwi and Federal Counsel Mohammad Sallehuddin Md Ali appeared for the Attorney-General/s Chamber, while lawyers Rosli Dahlan and Bahari Yeow Tien Hong represented Maria.
Lawyers Datuk Zainul Rijal Abu Bakar and Mohamed Haniff Khatri Abdulla held a watching brief for MAIWP. — Bernama
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Free Malaysia Today
44 minutes ago
- Free Malaysia Today
Cops probe hit-and-run near Glenmarie LRT station
Shah Alam police chief Iqbal Ibrahim said the incident took place at around 2.10pm when several cars were allegedly struck by a truck. PETALING JAYA : Police have launched an investigation into a hit-and-run incident involving several cars parked near the Glenmarie LRT station yesterday. Shah Alam police chief Iqbal Ibrahim said the incident took place at around 2.10pm when several cars were allegedly hit by a truck. 'The drivers had parked their vehicles near the station before using the LRT to get to work. When they returned later in the day, they found their cars had been hit, believed to be by a heavy vehicle,' Iqbal said in a statement. He said Shah Alam police had received seven reports related to the incident. The case is being investigated under Rule 10 of the 1959 Road Traffic Rules, which relates to driving in a careless or negligent manner. Police are also reviewing CCTV footage from the surrounding area to identify the vehicle involved. Those with information on the incident have been urged to contact investigating officer Abdul Nasser Peping at 012-2863875.
Free Malaysia Today
an hour ago
- Free Malaysia Today
Man stabbed to death in Sungai Buloh home
Sungai Buloh police chief Hafiz Nor said a knife believed to have been used in the killing was found at the house. (Facebook pic) PETALING JAYA : A man was allegedly stabbed to death by his housemate in Kampung Kubu Gajah, Sungai Buloh, last night. Sungai Buloh police chief Hafiz Nor said police were alerted to a fight involving two men at a house on Jalan Gajah 6 at 11.26pm, according to Kosmo! 'Upon arrival at the scene, officers found a 33-year-old man lying unconscious in the living room with stab wounds to the left side of his chest,' he said. A medical team from Sungai Buloh Hospital arrived at 12.01am and confirmed the victim had died at the scene. The other man, also a resident of the house, was present at the scene and was detained for his suspected involvement. Preliminary investigations revealed that both the victim and the 40-year-old suspect had arrived from Kelantan three days earlier and were staying together in the same house. The victim's body has been sent to the Sungai Buloh Hospital for a post-mortem. The suspect has been remanded until July 1 to assist in the investigation. A knife believed to have been used in the killing was found at the house. The case is being investigated for murder. Hafiz urged the public to forward any relevant information to the investigating officer, Nurnazihah Norzilan, at 011-1149 9008.
Free Malaysia Today
an hour ago
- Free Malaysia Today
Sabah Umno open to working with GRS, but only if it's sincere
Sabah Umno chief Bung Moktar Radin said overlapping seat claims with GRS in areas such as Pantai Dalit and Tanjong Keramat were a major hurdle to cooperation. PETALING JAYA : Sabah Umno is open to working with Gabungan Rakyat Sabah (GRS) in the upcoming state election, but only if the ruling coalition is sincere in its approach to seat negotiations, says its chief Bung Moktar Radin. Claiming GRS tended to change its stance once an agreement had been reached, Bung said: 'We are still open to working with any local party, but they must be sincere. We don't want insincerity. 'What I mean by insincerity is that we agree on something today, then tomorrow they change their stand or change their decision on seats or put their candidates as independents for seats which we are contesting,' Bung told FMT. Bung said overlapping seat claims in places such as Pantai Dalit and Tanjong Keramat were making negotiations harder. 'That's why GRS has to be sincere when it negotiates with us,' he said. 'Our doors are still open. It is not too widely open and neither is it tightly shut.' However, Bung said Umno did not expect major problems with Sabah Pakatan Harapan (PH) over seat distribution, as the two coalitions typically contested in different areas – PH in urban seats, and Umno in rural constituencies. He added that Sabah Umno was looking to contest in 35 seats, up from 32 in the last state election. Bung's latest comments mark a shift from his stance earlier this month, where he reportedly said that Sabah Umno would not work with GRS and would consider cooperation only after the outcome of the polls. Barisan Nasional and PH earlier announced an alliance for the Sabah polls, which must be held by the end of the year. However, the alliance prompted GRS to threaten to go solo. Prime Minister Anwar Ibrahim then stepped in and called for PH-BN to work with the state coalition. Masiung Banah, Parti Gagasan Rakyat Sabah vice-president, was reported to have said that GRS was expected to contest at least 53 seats, while PH would go for 20 under their electoral pact. GRS and PH are currently allies in the Hajiji Noor state government, while BN sits in the opposition in the Sabah legislative assembly.
