/file/publisher-c1a3f893382d2b2f8a9aa22a654d9c97/2020/07/59b54da36eb5e23dd7917eaeed7780a7.jpg)
Apex court dismisses Maria Chin's leave to appeal Syariah Court's notice
The former Petaling Jaya MP previously applied for leave to challenge the show-cause notice, which the Court of Appeal denied.
She then applied for...
The Federal Court dismissed an application by Maria Chin Abdullah concerning her intention to challenge a show-cause notice issued against her by the Syariah High Court for contempt.
The former Petaling Jaya MP previously applied for leave to challenge the show-cause notice, which the Court of Appeal denied.
She then applied for leave with the apex court to challenge the appellate court’s decision, but was again denied.
This followed today’s decision by a three-member bench of the Federal Court, consisting of judges Nordin Hassan, Abu Bakar Jais, and Vazeer Alam Mydin Meera.
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 Syariah 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.
Sentenced to jail
The Syariah High Court issued the show cause notice in 2019 after the former PKR lawmaker criticised its decision to impose a prison sentence on Emilia Hanafi, ex-wife of former Naza joint group executive chairperson SM Faisal SM Nasimuddin.
Faisal, through his lawyers, sought leave to initiate contempt proceedings against Maria at the Syariah High Court, and the court granted his request.
A show cause notice was then issued to Maria, requiring her to explain why she should not be held in contempt for criticising the Syariah High Court’s decision.
Maria then sought leave to commence a judicial review application in the civil High Court in 2021, naming then-religious affairs minister Zulkifli Mohamad Al-Bakri, Federal Territories Islamic Religious Council (MAIWP), and Federal Territories Syariah 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, 2024, when it allowed an appeal by the Attorney-General’s Chamber (AGC).
In April 2022, the Syariah 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 Akberdin Abdul Kader, who held a watching brief for Faisal today, told the media that Maria has to go back to the Syariah Appeals Court for her appeal against the sentence.
In today’s proceeding, senior federal counsel Ahmad Hanir Hambaly @ Arwi and federal counsel Sallehuddin Ali appeared for the Attorney-General’s Chambers, while lawyers Rosli Dahlan and Bahari Yeow Tien Hong represented Maria.
Lawyers Zainul Rijal Abu Bakar and Haniff Khatri Abdulla held a watching brief for MAIWP.
- Bernama
/file/publisher-c1a3f893382d2b2f8a9aa22a654d9c97/2020/07/59b54da36eb5e23dd7917eaeed7780a7.jpg)
Are you sure you want to delete this comment?
This action cannot be undone.