Maria Chin case: Syariah Court acts in line with Malaysia's legal framework — Mohd Na'im
KUALA LUMPUR: The Federal Court's decision to dismiss former Petaling Jaya MP Maria Chin Abdullah's appeal affirmed the legitimacy of the Syariah High Court's show-cause order for contempt, in line with Malaysia's legal framework.
Minister in the Prime Minister's Department (Religious Affairs) Datuk Dr Mohd Na'im Mokhtar said the filing of a judicial review against the Syariah High Court proceedings constituted an attempt to interfere with the lawful functioning of the judiciary, which the Federal Court had now firmly rejected.
He said that Article 121(1A) of the Federal Constitution clearly establishes the separation of jurisdiction between civil and Syariah courts, meaning Syariah court decisions cannot be retried or challenged in civil courts.
"This is because Syariah courts have their own jurisdiction conferred legally.
"Any attempt to allow civil court intervention in Syariah court decisions goes against the spirit of the Constitution and threatens the stability of Malaysia's dual legal system, which is a unique feature of our legal framework," he said.
Mohd Na'im also urged all parties to respect the authority of both the Federal Court and the Syariah High Court as sovereign judicial institutions.
"The civil and Syariah courts should be seen as complementary rather than competing institutions, both with the shared goal of upholding justice and truth within the country's legal framework," he remarked.
The minister also called on the public and political actors to avoid politicising the decision, and instead to reinforce a collective commitment to the rule of law and the harmony of the dual legal system.
"As the minister responsible for Islamic affairs, I remain committed to upholding the stature and integrity of the Syariah courts so they continue to be respected, trusted, and credible, preserving the integrity of a just and constitutional Islamic judicial system," he added.
Earlier today (June 26), the Federal Court unanimously dismissed Maria Chin's application to obtain leave to appeal against the Court of Appeal's decision, which rejected her bid for judicial review of a Syariah High Court's show-cause notice for contempt.
The three-member panel comprising Justices Datuk Nordin Hassan, Datuk Abu Bakar Jais, and Datuk Vazeer Alam Mydin Meera ruled that there was no novel issue warranting the Federal Court's consideration. — BERNAMA
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