Naza group chairperson SM Faisal SM Nasimuddin has succeeded in his bid to cite Petaling Jaya MP Maria Chin Abdullah for contempt.
The Federal Territory Syariah High Court late this morning sentenced the PKR lawmaker to seven days in jail over her 2019 public statement regarding the court’s custodial penalty meted out to the businessperson’s former wife Emilia Hanafi.
However, Maria, 66, was not present in court as she earlier tested positive for Covid-19.
In September 2019, SM Faisal’s lawyers went to the Syariah court to initiate the contempt proceedings.
Emilia, 42, was given the sentence by the Syariah court for rescheduling visitation dates for her children to be with their father.
The ruling prompted criticism from Maria (above) who said that Muslim women were still being discriminated against under the Syariah legal system.
Maria also has a separate, ongoing legal bid before the civil court to quash the Syariah court’s leave to SM Faisal to seek contempt proceedings against her.
Stay of execution
When contacted, counsel Akberdin Abdul Kader representing SM Faisal and Maria’s lawyer Rosli Dahlan confirmed the contempt decision and sentencing by Syariah judge Mohamad Fouzi Mokhtar.
Both lawyers also confirmed that the court allowed Maria’s application to stay the execution of the jail sentence, pending the MP’s appeal to the Federal Territory Syariah Court of Appeal.
According to a copy of today’s judgment, Fouzi ruled that Maria’s defence against the committal bid failed to show how her public statement did not amount to bringing the Syariah court into disrepute.
The judge noted that the lawmaker’s defence was merely summarising the impugned statement, adding that she failed to provide any other ground on why it should not amount to contempt of court.
“The respondent (Maria) also failed to show any remorse or regret for her action, in fact (she) still faulted the Syariah judicial system.
“Therefore, this court could not accept the show cause put forward by the respondent,” Fouzi said.
Inaccurate statement
The judge also noted that Maria’s public statement was based on inaccurate information regarding the Syariah court case between SM Faisal and Emilia.
Fouzi ruled that the lawmaker’s statement erroneously linked the former couple’s case to that of ‘nafkah anak’ (child support).
The judge contended that the case was in reality about the enforcement and execution of Syariah court rulings over Emilia’s contravention of a consent Syariah court order regarding child custody and visitation rights.
SM Faisal, 42, and Emilia divorced in 2016, and the latter was granted full custody of their three children, Fawwaz, Faiz and Farhan.
SM Faisal’s lawyers alleged that even though the businessperson was granted visitation rights in July 2018, he was not allowed to take their children out of Emilia's house.
Emilia however denied SM Faisal's allegations over the visitation rights. - Mkini
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