Ex-Sultanah of Johor gives seven reasons why divorce ruling should be reversed

The former Sultanah of Johor has listed seven grounds why the Shariah Court of Appeal should reverse the ruling by the Shariah High Court that the late Sultan Iskandar Sultan Ismail had divorced her.

Malaysiankini reported that Tuanku Zanariah Tunku Ahmad's (pic) counsel Afshah Ariffin was currently making submissions before the bench after the highest religious court in the state had in March allowed the Johor Islamic Council to be a party to the suit.

The news portal had obtained a copy of the grounds of appeal which stated:

1. The Shariah High Court was wrong in accepting the evidence from former menteri besar Tan Sri Abdul Ghani Othman and Johor royal committee chairman Tengku Osman Tunku Temenggong Ahmad through a statutory declaration when they were not parties in the divorce application. In addition, the late sultan was not a party in the proceeding as he had already passed away.

2. The Shariah High Court judge was wrong in deciding that the Shariah Procedure Code need not be applied as the court does not have the power to do so and it is wrong for this to be applied on Tuanku Zanariah as it violates her rights to obtain justice.

3. The Shariah High Court judge was wrong in accepting that the Lower Shariah court judge has the right to conduct the divorce proceeding as it was done without her presence.

4. The Shariah High Court judge was wrong when he allowed the trial judge from following the procedure code in order to protect the dignity of the royal institution and accepting that the divorce proclamation had been made three times.

5. In fact, the trial judge had tarnished the dignity of the institution by allowing the proceeding to go on without Tuanku Zanariah's presence.

6. The Shariah High Court judge was wrong in accepting the fatwa by the Johor Islamic committee as a valid legal document.

7. The Shariah High Court judge was also wrong in considering that the fatwa was binding on the court. The judge had made a mistake in deciding that Tuanku Zanariah had failed to amend or tried to have the fatwa declared null and void as she did not know about the edict and only knew about it last year through a letter although the fatwa was issued in 2010.

In January, Tuanku Zanariah had failed to set aside a court order which stated that the late Sultan Iskandar had divorced her.

Judge Muhammad Khaldun Mohd Sharif said the Johor Shariah High Court was bound by a fatwa on the matter.

Tuanku Zanariah had filed an application on January 1, to set aside an earlier court order that the late Sultan Iskandar had divorced her on January 23, 2009.

She had also wanted the ruju’ (resumption of conjugal relationship) pronounced a week after the purported divorce to be declared invalid.

In her affidavit in support of the application, she had alleged that the state administration, especially the religious authorities, was used in an attempt to defame her and the late Sultan Iskandar.

Tuanku Zanariah said that the late Ruler did not make any application to verify the alleged divorce, adding that she and the late Sultan were both living together as lawful husband and wife in peace and harmony until Sultan Iskandar died on January 22, 2010.

Sultan Iskandar was named as plaintiff in that case while Tuanku Zanariah was the defendant, meaning that the late Ruler had initiated the legal action against his wife.