KUALA LUMPUR – The ex-wife of businessman Datuk SM Faisal SM Nasimuddin Kamal has failed to obtain permission from the court to challenge the jurisdiction of the Kuala Lumpur shariah court, which initiated committal proceedings against her.
This was after high court judge Datuk Ahmad Kamal Md Shahid allowed the Attorney-General’s Chambers’ (AGC) objection to the leave application for a judicial review filed by Emilia Hanafi, 43, as the applicant.
Federal counsel Mohammad Sallehuddin Md Ali, representing the AGC, said the court ruled that the shariah court has the jurisdiction to initiate committal proceedings as enshrined in the Administration of Islamic Law (Federal Territories) Act 1993 and the Shariah Court Civil Procedure (Federal Territories) Act 1998.
“Proceedings and decisions of the shariah court cannot be reviewed by the civil court based on Article 121(1A) of the federal constitution,” he said when contacted today.
The decision for the application was communicated via email.
According to Sallehuddin, the court also found that the leave for judicial review was filed outside the set period, as the shariah court’s decision on the committal order was made on February 9, whereas Emilia had filed her application on June 8.
The committal proceedings against Emilia were for violation of the court order on SM Faisal’s visitation rights, including the right to spend the night and the location for her ex-husband to pick up their three children.
Based on the judicial review application, Emilia did not live or reside in the Federal Territory when the hadhanah (custody) proceeding was filed at the Kuala Lumpur Shariah High Court on July 23, 2018. She was staying in Kajang, Selangor at the time.
She had argued that Section 4 of the Islamic Family Law (Federal Territory) Act 1984 applied to all Muslims living in the Federal Territories, as well as all Muslims in the Federal Territories but staying outside the Federal Territories.
Emilia sought a declaration that the Kuala Lumpur Shariah High Court and Shariah Court of Appeal do not have jurisdiction to hear and punish any individual who contravenes the court, as it is the exclusive right of the civil courts at the Federal Court, Court of Appeal and high court levels, according to Article 126 of the federal constitution. – Bernama, September 5, 2022
