KUALA LUMPUR – The former wife of a businessman has filed a judicial review application to challenge the Kuala Lumpur Shariah Court’s jurisdiction, which sentenced her to seven days in jail for contempt of court.
On September 4, 2019, the court here sentenced Emilia Hanafi, 43, for unilaterally rescheduling the visitation dates for her children to be with their father, Datuk SM Faisal SM Nasimuddin Kamal.
However, Emilia was released on RM5,000 bail pending her appeal.
Emilia, as the applicant, filed the judicial review application through Messrs. Nizam Bashir & Associates at the high court on June 8, naming her ex-husband, Faisal, 43, ex-mother-in-law Puan Sri Zaleha Ismail, 70, and five others as respondents.
Other respondents are the Registrar of the Kuala Lumpur Shariah High Court, the Chief Registrar of the Federal Territories Shariah Court of Appeal, the Kuala Lumpur Shariah High Court, the Kuala Lumpur Shariah Court of Appeal, and the Malaysian government.
Based on the application, Emilia said she did not live or reside in the Federal Territory during the hadhanah (custody) proceedings filed at the Kuala Lumpur Shariah High Court on July 23, 2018. She was staying in Kajang, Selangor.
The mother of three said Section 4 of the Islamic Family Law (Federal Territories) 1984 applies to all Muslims living in the Federal Territories and all Muslims residing in the Federal Territories but staying outside the Federal Territories.
“Therefore, Kuala Lumpur Shariah High Court has no jurisdiction in this matter based on the federal constitution and Section 4 of the act.
“As a court with limited local jurisdiction, the Federal Territory Shariah Court has no jurisdiction in such committal proceedings,” she said.
High court judge Datuk Ahmad Kamal Md Shahid set July 20 to hear the judicial review application. – Bernama, June 15, 2022
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