Latest news with #EmiliaHanafi
Malay Mail
9 hours ago
- Politics
- Malay Mail
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
Malay Mail
10 hours ago
- Politics
- Malay Mail
Federal Court rejects 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
Free Malaysia Today
14 hours ago
- Politics
- Free Malaysia Today
Ex-MP Maria Chin fails in challenge to shariah show-cause order
Ex-Petaling Jaya MP Maria Chin Abdullah was sentenced by the shariah court to seven days' jail for contempt of court on April 25, 2022. PUTRAJAYA : The Federal Court has unanimously denied former Petaling Jaya MP Maria Chin Abdullah leave to appeal in her bid to challenge a show-cause order issued by the shariah court for alleged contempt. Justice Nordin Hassan said Maria had failed to show the existence of a novel issue warranting a hearing of her appeal. 'The issue of the jurisdiction of the shariah and civil courts was made clear in previous cases, including a recent one on a woman's challenge against her religious status,' he said. Also on the panel hearing the application were Justices Abu Jais Bakar and Vazeer Alam Mydin Meera. The court made no order in respect of costs. In her bid to initiate a judicial review, Maria had asked the High Court to quash a shariah court order handed down on Oct 14, 2019 allowing businessman SM Faisal SM Nasimuddin leave to initiate contempt proceedings against her. She claimed the order was made in bad faith. The order was made in respect of a press statement Maria issued on Sept 5, 2019, in which she claimed that 'Muslim women are still being discriminated (against) under Malaysia's shariah legal system'. She said the shariah court's decision to sentence Faisal's former wife, Emilia Hanafi, to seven days in prison for rescheduling his visitation dates with their children was a 'grave injustice' and a 'total disgrace to the judicial system'. The shariah high court sentenced Maria to seven days' jail for contempt of court on April 25, 2022. In the underlying proceedings, the High Court granted Maria leave to challenge the show-cause order, but the Court of Appeal reversed that decision last year. The appeals court ruled that the civil courts have no jurisdiction to hear matters from the shariah court. Maria was represented by lawyers Bahari Yeow and Rosli Dahlan while senior federal counsel Ahmad Hanir Hambaly appeared for the government. Lawyer Akberdin Abdul Kader, who held a watching brief for Faisal today, later said Maria would have to go back to the shariah appeals court for her appeal against the seven-day sentence. Religious affairs minister Na'im Mokhtar meanwhile urged the public to respect the court's decision, and the shariah court as a legitimate and sovereign judicial institution. 'I must emphasise that any attempt to make room for civil court interference in shariah court decisions not only goes against the spirit of the constitution, but also jeopardises the stability of the dual legal system that is a hallmark of the Malaysian judiciary,' he said in a Facebook post.
