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Syariah court legitimacy upheld in Maria Chin case, says Mohd Na'im
Syariah court legitimacy upheld in Maria Chin case, says Mohd Na'im

The Sun

time6 hours ago

  • Politics
  • The Sun

Syariah court legitimacy upheld in Maria Chin case, says Mohd Na'im

KUALA LUMPUR: The Federal Court's dismissal of former Petaling Jaya MP Maria Chin Abdullah's appeal reinforces the Syariah High Court's authority, aligning with Malaysia's dual legal framework, said Minister in the Prime Minister's Department (Religious Affairs) Datuk Dr Mohd Na'im Mokhtar. Mohd Na'im stated that the judicial review attempt against the Syariah High Court's contempt proceedings was an overreach, now firmly rejected by the Federal Court. He emphasised that Article 121(1A) of the Federal Constitution safeguards the separation of civil and Syariah court jurisdictions, preventing civil courts from overturning Syariah rulings. 'Syariah courts operate within their legally defined jurisdiction. Civil court interference disrupts constitutional harmony and undermines Malaysia's unique dual-system stability,' he said. The minister urged respect for both judicial institutions, framing them as complementary forces upholding justice. He cautioned against politicising the verdict, advocating instead for adherence to legal principles and inter-system harmony. 'As custodian of Islamic affairs, I pledge to preserve Syariah court credibility, ensuring a fair, constitutionally grounded Islamic judiciary,' Mohd Na'im added. Earlier, a three-judge Federal Court panel unanimously denied Maria Chin's leave to appeal, citing no novel legal issues. Justices Datuk Nordin Hassan, Datuk Abu Bakar Jais, and Datuk Vazeer Alam Mydin Meera upheld the lower court's dismissal of her judicial review bid.

Federal Court dismisses Maria Chin's bid to appeal Shariah contempt proceedings
Federal Court dismisses Maria Chin's bid to appeal Shariah contempt proceedings

Malay Mail

time9 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

Maria Chin Case: Syariah Court Acts In Line With Malaysia's Legal Framework - Mohd Na'im
Maria Chin Case: Syariah Court Acts In Line With Malaysia's Legal Framework - Mohd Na'im

Barnama

time9 hours ago

  • Politics
  • Barnama

Maria Chin Case: Syariah Court Acts In Line With Malaysia's Legal Framework - Mohd Na'im

KUALA LUMPUR, June 26 (Bernama) -- 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.

Federal Court rejects Maria Chin's bid to appeal Shariah contempt proceedings
Federal Court rejects Maria Chin's bid to appeal Shariah contempt proceedings

Malay Mail

time9 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

Ex-MP Maria Chin fails in challenge to shariah show-cause order
Ex-MP Maria Chin fails in challenge to shariah show-cause order

Daily Express

time13 hours ago

  • Politics
  • Daily Express

Ex-MP Maria Chin fails in challenge to shariah show-cause order

Published on: Thursday, June 26, 2025 Published on: Thu, Jun 26, 2025 By: Ho Kit Yen, FMT Text Size: 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. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia

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