Petaling Jaya MP Maria Chin Abdullah has gone to the civil court to quash contempt proceedings against her at the syariah court.
The PKR lawmaker, through her legal team, filed the judicial review leave application at the Kuala Lumpur High Court on March 3 this year.
The three respondents named in the legal action are Minister in the Prime Minister’s Department (in charge of religious affairs) Zulkifli Mohamad Al-Bakri, the Federal Territories Islamic Religious Council (MAIWP), and the Federal Territories Syariah Judiciary Department.
On Sept 5, 2019, a lawyer of then Naza Group chairperson SM Faisal SM Nasimuddin reportedly said they will file at the syariah court an application to cite Maria for contempt.
The committal application was over Maria’s comments regarding the syariah court sentencing Faisal’s ex-wife Emilia Hanafi to seven days in jail.
On Sept 4, 2019, the syariah court imposed the custodial sentence on Emilia for purportedly going against its direction by rescheduling visitation dates for her children to be with their father.
The ruling prompted criticism from Maria, who contended that Muslim women were still being discriminated under the syariah legal system.
Faisal and Emilia divorced in 2016, and the latter was granted full custody of their three children, Fawwaz, Faiz, and Farhan.
According to the judicial review cause papers made available to the media today, Maria is seeking, among others, orders from the civil court to nullify the Syariah High Court’s decision on Oct 14, 2019, that allowed the contempt application to proceed.
On that date, the syariah court also ordered Maria to show cause to the committal bid.
She seeks a civil court order to nullify the Syariah High Court's greenlight for the committal, on grounds that it was mala fide (in bad faith) for contravening provisions of the Rules of Court 2012.
She is seeking an order from the civil court for the minister to order MAIWP and the Federal Territories Syariah Judiciary Department to refrain from violating her fundamental rights and abide by the provisions of the Federal Constitution.
Maria seeks a civil court order “for the first respondent (minister) to order and supervise the second (MAIWP) and third respondent (Federal Territories Syariah Judiciary Department) to rationally coordinate the implementation of Islamic laws with federal laws”.
She is also seeking from the civil court “a declaration that the granting of leave for ex-parte committal and notice to show cause by the Syariah High Court is an abuse of discretionary power, as prior to that, the committal action’s cause papers have never been served on the (judicial review) applicant (Maria)”.
Maria further seeks for the civil court to issue an order to temporarily suspend the contempt proceedings at the Syariah High Court, until disposal of the judicial review application.
Among other orders she seeks from the civil court is for her to receive compensation over the loss, fear, and damage to reputation and good name incurred due to the syariah committal proceedings.
When met by the media at the Kuala Lumpur High Court this morning, Maria’s lawyer Rosli Dahlan confirmed the filing of the judicial review leave application.
He added that civil High Court judge Noorin Badaruddin has set May 31 to hear Maria’s judicial review leave application as well as an application by Faisal to intervene in the civil action.
Today was case management of the matter in Noorin’s chambers.
Senior federal counsel Ahmad Hanir Hanbaly @ Arwi appeared for the minister, while lawyer Akberdin Abdul Kader represented Faisal. - Mkini
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