Petaling Jaya MP Maria Chin Abdullah will know on Aug 22 whether she would obtain civil court leave to proceed with her judicial review against the Syariah Court committal proceedings against her.
Her counsel Rosli Dahlan confirmed that the Kuala Lumpur High Court this afternoon set the decision date on her application for leave to commence the legal challenge.
Today was set for the leave application hearing before civil court judge Wan Ahmad Farid Wan Salleh.
“Hearing has just ended. The decision is on Aug 22,” Rosli said when contacted after the online proceedings.
Senior federal counsel Ahmad Hanir Hambaly @ Arwi also confirmed the outcome of the civil court proceedings today.
He represented the three respondents targeted by the judicial review, namely Minister in the Prime Minister’s Department (Religious Affairs) Zulkifli Mohamad Al-Bakri, the Federal Territories Islamic Religious Council (MAIWP), and the Federal Territories Syariah Judiciary Department.
Guilty of contempt
Back on April 25, the Federal Territory Syariah High Court found Maria, 66, guilty of contempt over her 2019 public statement regarding the court’s custodial penalty meted out to Emilia Hanafi, the former wife of Naza Group chairperson SM Faisal SM Nasimuddin.
The religious court then sentenced the PKR lawmaker to seven days in jail. However, it allowed her application to stay the sentence pending an appeal to the Federal Territory Syariah Court of Appeal.
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, who said that Muslim women were still being discriminated against under the syariah legal system.
In September 2019, SM Faisal’s lawyers went to the Syariah Court to initiate the contempt proceedings against her.
Then on March 3 last year, Maria initiated the civil court proceedings to nullify the leave granted by the Syariah Court to SM Faisal to proceed with the committal bid.
During today's civil court proceedings, SM Faisal's counsel Akberdin Abdul Kader acted as amicus curiae.
Under the law, an amicus curiae is an individual or organisation who is not a party to a court case, but who obtains greenlight to assist the court by offering information, expertise, or insight that has a bearing on the issues in the case.
SM Faisal also has an application to intervene as a party in Maria's judicial review.
However, this would only be heard if the civil court grants leave to the PKR lawmaker to proceed with the judicial review.
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 the allegations. - Mkini
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