Maria Chin seeks judicial review to end shariah contempt proceedings

KUALA LUMPUR – After being allegedly refused recourse by the shariah court to address the “improper process” of contempt proceedings against her, Petaling Jaya MP Maria Chin Abdullah sought a judicial review at the civil high court here today.

However, the hearing for her application this morning was met by strong objection from the Attorney-General’s Chambers, which her lawyer, Rosli Dahlan, said has raised further questions on the processes and jurisdiction of the shariah court.

She had filed the judicial review leave application at the Kuala Lumpur High Court on March 3, naming religious affairs minister Datuk Zulkifli Mohamad Al-Bakri, the Federal Territories Islamic Religious Council (MAIWP), and the Federal Territories Shariah Judiciary Department as respondents.

He said this case dates back to 2016 after Maria called on the authorities to correct injustices against Muslim women.

This came after the shariah court sentenced Datin Emilia Hanafi to seven days’ jail when she unilaterally rescheduled visitation dates for her children to be with their father, Naza Group chairman Datuk S.M. Faisal Nasimuddin, following their divorce. 

Maria’s action led Faisal to initiate contempt proceedings against the then civil rights activist, who responded by challenging that the process was wrongful ab initio.

She then filed for judicial review, contending that the shariah court had wrongly used civil laws to allow Faisal to initiate the contempt proceeding as the Syariah Court Civil Procedure (Federal Territories) Act 1998 does not permit such an action.

“Maria also alleged that she was refused recourse by the shariah court at every level to address the improper process of the contempt,” Rosli said, adding that he was threatened with contempt proceedings for defending her.

“She further alleged that her complaints to Religious Affairs Minister Datuk Zulkifli Mohamad Al-Bakri and the Shariah Judiciary Department to correct the mistakes in the shariah judicial system were ignored.”

Apart from the objection by the AGC, Rosli said Maria’s application hearing today also saw intervention by Faisal.

“Given the complex issues involved, judicial commissioner Datuk Noorin Badaruddin requested for counsels to file submissions and fixed the next hearing date on May 31, 2021,” he added.

“In recent years, proceedings in the shariah court have come to the limelight due to abuse of processes and jurisdictional issues. 

“In 2015, the Nik Raina Borders Bookstore case became a big controversy when Jawi wrongfully prosecuted Nik Raina, who was just a store manager for the sale of Irshad Manji’s controversial book Allah, Liberty and Love. Nik Raina won and the case in the shariah court was quashed. 

“Similarly, in 2017, the late Kassim Ahmad, a prominent Malay scholar, was arrested in Kedah and brought to be charged in Kuala Lumpur. The wrongful prosecution was again challenged in the civil courts and Kassim won.”

Both cases were represented by Rosli.

“More recently, the unilateral conversion case of Indira Gandhi spiked public outcry. The federal court eventually held that the civil high court has jurisdiction notwithstanding that the matter was before the shariah court.”

According to the judicial review cause papers, Maria is seeking for the civil high court to nullify the Shariah High Court’s decision on October 14, 2019 allowing Faisal’s contempt application.

In addition, she is seeking an order from the civil court for Zulkifli to instruct MAIWP and the Federal Territories Shariah Judiciary Department to refrain from violating her fundamental rights and abide by the provisions of the federal constitution.

She also seeks an order for Zulkifli to order and supervise MAIWP and the Federal Territories Shariah Judiciary Department to align the implementation of Islamic laws with federal ones, among others.

Maria was represented by Rosli, Dayana Najwa, Amiratu Al Amirat, Nurul Hafidzah, and Zeti Zulfah. The AGC was represented by senior federal counsels Ahmad Hanir and Mazlifah Ayob, while Faisal was represented by Datuk Akberdin Abdul Kader, Mohd Rafie Mohd Shafie, and Ummi Kartini Abd Latiff. – The Vibes, May 5, 2021