Latest news with #MariaChinAbdullah
Malaysiakini
04-07-2025
- Politics
- Malaysiakini
No one should be silenced for speaking up
COMMENT | The recent Federal Court ruling dismissing Maria Chin Abdullah's leave application to appeal in respect of the judicial review of a Syariah Court show-cause order for contempt raises serious concerns about the state of freedom of expression in Malaysia. While the case reflects the complexities of our dual legal system under Article 121(1A) of the Federal Constitution, it raises broader questions about whether Malaysians, particularly women, can engage in legitimate public discourse on issues of justice without fear of legal repercussions. This case is neither merely about legal procedure, nor is it an attack against the syariah courts. It highlights the need to continuously safeguard the space for public discussion, critique, and advocate for reform, especially on matters affecting women in the syariah justice system. Criminalising public comment on judicial decisions risks silencing advocacy, limiting democratic discourse, and undermining the principle of accountability in all branches of the justice system.
The Sun
26-06-2025
- Politics
- The Sun
Syariah court legitimacy upheld in Maria Chin case, says Mohd Na'im
KUALA LUMPUR: The Federal Court's dismissal of former Petaling Jaya MP Maria Chin Abdullah's appeal reinforces the Syariah High Court's authority, aligning with Malaysia's dual legal framework, said Minister in the Prime Minister's Department (Religious Affairs) Datuk Dr Mohd Na'im Mokhtar. Mohd Na'im stated that the judicial review attempt against the Syariah High Court's contempt proceedings was an overreach, now firmly rejected by the Federal Court. He emphasised that Article 121(1A) of the Federal Constitution safeguards the separation of civil and Syariah court jurisdictions, preventing civil courts from overturning Syariah rulings. 'Syariah courts operate within their legally defined jurisdiction. Civil court interference disrupts constitutional harmony and undermines Malaysia's unique dual-system stability,' he said. The minister urged respect for both judicial institutions, framing them as complementary forces upholding justice. He cautioned against politicising the verdict, advocating instead for adherence to legal principles and inter-system harmony. 'As custodian of Islamic affairs, I pledge to preserve Syariah court credibility, ensuring a fair, constitutionally grounded Islamic judiciary,' Mohd Na'im added. Earlier, a three-judge Federal Court panel unanimously denied Maria Chin's leave to appeal, citing no novel legal issues. Justices Datuk Nordin Hassan, Datuk Abu Bakar Jais, and Datuk Vazeer Alam Mydin Meera upheld the lower court's dismissal of her judicial review bid.
Malay Mail
26-06-2025
- Politics
- Malay Mail
Federal Court dismisses Maria Chin's bid to appeal Shariah contempt proceedings
PUTRAJAYA, June 26 — Former Petaling Jaya Member of Parliament Maria Chin Abdullah cannot proceed with her appeal in the Federal Court to challenge the Court of Appeal's decision in denying her leave to challenge a show-cause notice issued by the Shariah High Court for contempt. This followed today's decision by a three-member bench of the Federal Court, consisting of Justices Datuk Nordin Hassan, Datuk Abu Bakar Jais and Datuk Vazeer Alam Mydin Meera, in dismissing Maria's application to obtain leave to appeal against the appellate court's decision. Justice 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 Shariah 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. The Shariah High Court had issued the show cause notice in 2019 after Maria, 68, commented on the court's decision to impose a prison sentence on Emilia Hanafi, the former wife of businessman SM Faisal SM Nasimuddin. Faisal, through his lawyers, had sought leave to initiate contempt proceedings against Maria at the Shariah High Court, and his request was granted by the court. A show cause notice was subsequently issued to Maria in 2019, requiring her to explain why she should not be held in contempt for criticising the Shariah High Court's decision. Maria then sought leave to commence a judicial review application in the Civil High Court in 2021, naming the then Minister of Religious Affairs Zulkifli Mohamad Al-Bakri, the Federal Territories Islamic Religious Council (MAIWP), and the Federal Territories Shariah 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 last year when it allowed an appeal by the Attorney General's Chambers (AGC). In April 2022, the Shariah 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 Datuk Akberdin Abdul Kader, who held a watching brief for Faisal today, told the media that Maria has to go back to the Shariah Appeals Court for her appeal against the sentence. In today's proceeding, Senior Federal Counsel Ahmad Hanir Hambaly @ Arwi and Federal Counsel Mohammad Sallehuddin Md Ali appeared for the Attorney-General/s Chamber, while lawyers Rosli Dahlan and Bahari Yeow Tien Hong represented Maria. Lawyers Datuk Zainul Rijal Abu Bakar and Mohamed Haniff Khatri Abdulla held a watching brief for MAIWP. — Bernama
Barnama
26-06-2025
- Politics
- Barnama
Maria Chin Case: Syariah Court Acts In Line With Malaysia's Legal Framework - Mohd Na'im
KUALA LUMPUR, June 26 (Bernama) -- The Federal Court's decision to dismiss former Petaling Jaya MP Maria Chin Abdullah's appeal affirmed the legitimacy of the Syariah High Court's show-cause order for contempt, in line with Malaysia's legal framework. Minister in the Prime Minister's Department (Religious Affairs) Datuk Dr Mohd Na'im Mokhtar said the filing of a judicial review against the Syariah High Court proceedings constituted an attempt to interfere with the lawful functioning of the judiciary, which the Federal Court had now firmly rejected. He said that Article 121(1A) of the Federal Constitution clearly establishes the separation of jurisdiction between civil and Syariah courts, meaning Syariah court decisions cannot be retried or challenged in civil courts. 'This is because Syariah courts have their own jurisdiction conferred legally. 'Any attempt to allow civil court intervention in Syariah court decisions goes against the spirit of the Constitution and threatens the stability of Malaysia's dual legal system, which is a unique feature of our legal framework,' he said. Mohd Na'im also urged all parties to respect the authority of both the Federal Court and the Syariah High Court as sovereign judicial institutions. 'The civil and Syariah courts should be seen as complementary rather than competing institutions, both with the shared goal of upholding justice and truth within the country's legal framework,' he remarked. The minister also called on the public and political actors to avoid politicising the decision, and instead to reinforce a collective commitment to the rule of law and the harmony of the dual legal system. 'As the minister responsible for Islamic affairs, I remain committed to upholding the stature and integrity of the Syariah courts so they continue to be respected, trusted, and credible, preserving the integrity of a just and constitutional Islamic judicial system,' he added.
Malay Mail
26-06-2025
- Politics
- Malay Mail
Federal Court rejects Maria Chin's bid to appeal Shariah contempt proceedings
PUTRAJAYA, June 26 — Former Petaling Jaya Member of Parliament Maria Chin Abdullah cannot proceed with her appeal in the Federal Court to challenge the Court of Appeal's decision in denying her leave to challenge a show-cause notice issued by the Shariah High Court for contempt. This followed today's decision by a three-member bench of the Federal Court, consisting of Justices Datuk Nordin Hassan, Datuk Abu Bakar Jais and Datuk Vazeer Alam Mydin Meera, in dismissing Maria's application to obtain leave to appeal against the appellate court's decision. Justice 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 Shariah 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. The Shariah High Court had issued the show cause notice in 2019 after Maria, 68, commented on the court's decision to impose a prison sentence on Emilia Hanafi, the former wife of businessman SM Faisal SM Nasimuddin. Faisal, through his lawyers, had sought leave to initiate contempt proceedings against Maria at the Shariah High Court, and his request was granted by the court. A show cause notice was subsequently issued to Maria in 2019, requiring her to explain why she should not be held in contempt for criticising the Shariah High Court's decision. Maria then sought leave to commence a judicial review application in the Civil High Court in 2021, naming the then Minister of Religious Affairs Zulkifli Mohamad Al-Bakri, the Federal Territories Islamic Religious Council (MAIWP), and the Federal Territories Shariah 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 last year when it allowed an appeal by the Attorney General's Chambers (AGC). In April 2022, the Shariah 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 Datuk Akberdin Abdul Kader, who held a watching brief for Faisal today, told the media that Maria has to go back to the Shariah Appeals Court for her appeal against the sentence. In today's proceeding, Senior Federal Counsel Ahmad Hanir Hambaly @ Arwi and Federal Counsel Mohammad Sallehuddin Md Ali appeared for the Attorney-General/s Chamber, while lawyers Rosli Dahlan and Bahari Yeow Tien Hong represented Maria. Lawyers Datuk Zainul Rijal Abu Bakar and Mohamed Haniff Khatri Abdulla held a watching brief for MAIWP. — Bernama
