Latest news with #ShariahCourt
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
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
Malay Mail
31-05-2025
- General
- Malay Mail
Alor Gajah police probe the sex video leak of Melaka teacher fined by Shariah court for illicit act with ‘Abang Wiring'
ALOR GAJAH, May 31 — Melaka police is reportedly investigating the circulation of a purported sex clip involving a secondary school teacher, which had led to her being charged and sentenced in the Shariah Court. Harian Metro wrote citing Alor Gajah police chief Superintendent Ashari Abu Samah saying she had lodged a report on May 24, after learning that a video was shared online. 'The woman was unhappy after learning that a sex video involving her had been circulated. Police have also opened an investigation under Section 233 of the Communications and Multimedia Act 1998,' he was quoted saying, referring to 'improper use of network facilities or network service'. Ashari added that the case is being investigated under Section 509 of the Penal Code for outraging the modesty of a person. He said police had examined the mobile phones of both the teacher and the man involved, but the video was not found and is believed to have been deleted. Further investigations are ongoing, and the case will be referred to the Deputy Public Prosecutor for further action. It was reported earlier that the teacher and a self-employed electrical technician dubbed 'Abang Wiring' were each fined RM5,000 or sentenced to six months' jail by the Shariah High Court in Melaka yesterday after pleading guilty to attempting to commit an act deemed immoral under Shariah law. Berita Harian reported Judge Mohd Yunus Mohamad Zin handed down the sentence to Muhammad Hairul Ezuan Hamzah and Nur Fadilah Zainal, both 31, following an incident on February 28 at a residence in Taman Bukit Emas, Sungai Petai, Alor Gajah. Authorities launched an investigation after receiving a tip-off on May 27 regarding a couple allegedly involved in conduct contravening Shariah guidelines, leading to a summons for questioning on May 29 by the Melaka Islamic Religious Department (Jaim). According to case facts, both individuals acknowledged engaging in the conduct on February 28, after which they were arrested and their statements recorded. The matter drew significant public interest after it was reported that the female teacher had been placed on administrative leave amid allegations involving a married man. Education Minister Fadhlina Sidek later confirmed that the teacher remained in service as a civil servant while awaiting the outcome of the case.
Malay Mail
31-05-2025
- General
- Malay Mail
Alor Gajah police probe the leaking of sex video of Melaka teacher fined by Shariah court for illicit act with ‘Abang Wiring'
ALOR GAJAH, May 31 — Melaka police is reportedly investigating the circulation of a purported sex clip involving a secondary school teacher, which had led to her being charged and sentenced in the Shariah Court. Harian Metro wrote citing Alor Gajah police chief Superintendent Ashari Abu Samah saying she had lodged a report on May 24, after learning that a video was shared online. 'The woman was unhappy after learning that a sex video involving her had been circulated. Police have also opened an investigation under Section 233 of the Communications and Multimedia Act 1998,' he was quoted saying, referring to 'improper use of network facilities or network service'. Ashari added that the case is being investigated under Section 509 of the Penal Code for outraging the modesty of a person. He said police had examined the mobile phones of both the teacher and the man involved, but the video was not found and is believed to have been deleted. Further investigations are ongoing, and the case will be referred to the Deputy Public Prosecutor for further action. It was reported earlier that the teacher and a self-employed electrical technician dubbed 'Abang Wiring' were each fined RM5,000 or sentenced to six months' jail by the Shariah High Court in Melaka yesterday after pleading guilty to attempting to commit an act deemed immoral under Shariah law. Berita Harian reported Judge Mohd Yunus Mohamad Zin handed down the sentence to Muhammad Hairul Ezuan Hamzah and Nur Fadilah Zainal, both 31, following an incident on February 28 at a residence in Taman Bukit Emas, Sungai Petai, Alor Gajah. Authorities launched an investigation after receiving a tip-off on May 27 regarding a couple allegedly involved in conduct contravening Shariah guidelines, leading to a summons for questioning on May 29 by the Melaka Islamic Religious Department (Jaim). According to case facts, both individuals acknowledged engaging in the conduct on February 28, after which they were arrested and their statements recorded. The matter drew significant public interest after it was reported that the female teacher had been placed on administrative leave amid allegations involving a married man. Education Minister Fadhlina Sidek later confirmed that the teacher remained in service as a civil servant while awaiting the outcome of the case.
Free Malaysia Today
22-05-2025
- Free Malaysia Today
Court rules clerk a Hindu, says her unilateral conversion unlawful
Court of Appeal judge Azimah Omar said neither the mother nor the woman had the capacity to do the conversion. PUTRAJAYA : The Court of Appeal has unanimously affirmed a High Court ruling that a clerk was never a Muslim as her mother had unilaterally converted her in 2004 without the father's consent. A three-member bench, chaired by Justice Azimah Omar, said there was no appealable error by the High Court that warranted an intervention. In her broad grounds of judgment, Azimah said the woman, now 28, was unable to give consent as a minor as this would be in breach of Section 117 (b) of the Selangor Islamic Religious Enactment 2003. The provision states it is mandatory that the consent of both parents must be obtained before conversion of a minor who is below the age of 18 could take place. 'Neither the mother nor the woman had the capacity to do the conversion,' said Azimah, who sat with Justices Noorin Badaruddin and Firuz Jaffril. The Selangor Islamic Religious Council had taken the position that this was a case of renunciation and she should go to the shariah court. However, Azimah said it had nothing to do with the woman's measure of faith, and was all about procedural and administrative matters. Last year, the High Court had allowed the woman's declaration that she was a Hindu at all times and her conversion to Islam was done unilaterally by the mother. Azimah said a non-Muslim does not require a declaration from the shariah court that he or she is non-Muslim. 'In this case, the woman should not be unnecessarily burdened to prove in the shariah court that she is no longer a Muslim,' she said, adding that the religious court had no exclusive jurisdiction to determine the validity of an unlawful unilateral conversion. Lawyers Ahmad Kamal Abu Bakar and Arik Zakri Abdul Kadir appeared for the council, while Rajesh Nagarajan and Nur Azyan Azimi represented the woman. The facts of the case revealed that the woman was legitimately born as a Hindu as both her parents were from that faith when they married in 1982. The couple separated in September 1999 and the woman and her two sisters were placed under the mother's care and custody. The religious status of her siblings is unclear. In February 2004, the mother wanted to marry a Muslim man and registered as Muslim with the council's branch office in Klang. Subsequently, the mother converted the woman, who was seven years old in 2004. In 2023, the woman filed an originating summons in the High Court in Klang, seeking a declaration that she was never a Muslim and the conversion by the mother was 'void ab initio' or invalid from the very beginning. The council filed an application to strike out the suit, stating the matter should be adjudicated by the shariah court.
