THE Federal Court has unanimously dismissed former Petaling Jaya MP Maria Chin Abdullah’s application for leave to appeal against a Syariah Court show cause order, ruling there were no novel legal questions to be addressed.
The three-judge panel, comprising Datuk Nordin Hassan, Datuk Abu Bakar Jais and Datuk Vazeer Alam Mydin Meera, found that existing case law had already clarified the jurisdictional boundaries between civil and Syariah courts under Article 121(1A) of the Federal Constitution.
“There are no new legal issues that warrant the Federal Court’s intervention,” said Nordin, who chaired the panel.
Maria had sought to appeal against a 2019 Syariah Court order requiring her to explain why she should not be held in contempt for criticising the court’s decision to imprison Emilia Hanafi, the former wife of businessman SM Faisal SM Nasimuddin.
Faisal, through his legal team, had successfully applied to initiate contempt proceedings. Maria later pursued a judicial review in the civil High Court in 2021, naming then-Minister for Religious Affairs Zulkifli Mohamad Al-Bakri, the Federal Territories Islamic Religious Council (MAIWP) and the Syariah Judiciary Department as respondents.
Although the civil High Court initially allowed the judicial review, the Court of Appeal overturned that decision in November 2024, siding with the Attorney General’s Chambers (AGC). Maria was sentenced in April 2022 to seven days’ imprisonment for contempt by the Syariah High Court, though she was hospitalised at the time and did not attend proceedings.
Federal Counsel Ahmad Hanir Hambaly @ Arwi and Mohammad Sallehuddin Md Ali appeared for the AGC, while Maria was represented by Rosli Dahlan and Bahari Yeow Tien Hong. Faisal’s observing counsel included Datuk Akberdin Abdul Kader, while MAIWP was represented by Datuk Zainul Rijal Abu Bakar and Mohamed Haniff Khatri Abdulla.
Following the decision, Minister in the Prime Minister’s Department for Religious Affairs, Datuk Dr Mohd Na’im Mokhtar, said the ruling affirmed the legality of the Syariah Court’s contempt proceedings.
“The attempt to initiate a judicial review of Syariah Court proceedings was a challenge to legitimate judicial functions, but the Federal Court has now put the matter to rest,” he said.
Mohd Na’im stressed that Article 121(1A) of the Constitution clearly demarcates the jurisdictions of the civil and Syariah courts, and that allowing civil court intervention would undermine Malaysia’s unique dual legal system.
“Both civil and Syariah courts must be seen as complementary institutions working toward the same aim: upholding justice and truth within the national legal framework,” he said.
He urged the public not to politicise the decision but to uphold the rule of law and the harmony of Malaysia’s legal system.
“As the minister responsible for Islamic affairs, I will continue to defend the dignity and credibility of the Syariah courts to ensure they remain respected and trusted by all,” he added. - June 26, 2025
