Maria Chin seek to set aside syariah contempt bid by Naza boss

Petaling Jaya MP Maria Chin Abdullah is seeking to nullify Naza Group chairperson SM Faisal SM Nasimuddin's bid to cite her for contempt over the syariah court's sentencing of his ex-wife to a seven-day jail term.

This was revealed to Malaysiakini via a copy of a letter issued by the PKR lawmaker's legal representative, law firm Hafiz Zabir and Rezal, to the Registrar of the Federal Territory Syariah High Court dated today (Oct 11).

According to the letter signed by lawyer Rezal Mazli Abdul Muin, Maria (photo) seeks to intervene in the contempt proceedings and to set aside the contempt bid by SM Faisal, who had claimed that she had "insulted the syariah court despite her never having done so."

"Our client has never been contacted by any party in the dispute (between SM Faisal and his former wife Emilia Hanafi) in regards to any complaint linked to contempt of the syariah court.

"Our client also has never been served any cause papers in relation to the application to cite her for contempt of the syariah court.

"Our client has never been contacted by SM Faisal or his lawyer," Rezal said.

Rezal said that Maria felt aggrieved by the action taken against her without even informing her, in light of the fact that the media reported that SM Faisal's contempt application was heard on Sept 18 and is fixed for decision on Monday (Oct 14).

"It is the principle of justice that any decision or sentencing against a person requires that person to be informed of it beforehand," he said.

He said that Maria has been duly advised that SM Faisal's contempt bid was premised on an alleged media statement by her in regards to a syariah court decision delivered in the child custody case between the businessperson and Emilia.

"Whatever commentary after a (syariah court) decision does not constitute sub judice. The application by SM Faisal is an abuse of the syariah court process," Rezal said.

Sub judice is a Latin legal phrase that means a matter that is still being heard by the court and is therefore forbidden from being publicly discussed elsewhere.

Rezal said the law firm has just been appointed to represent Maria, they, therefore, have been instructed by her to apply for a postponement of the syariah court's verdict on Monday, until she is allowed to intervene in the contempt proceedings.

"Our client has never and does not wish to be perceived as insulting the country's legal system as she has never done so.

"Therefore your consideration to our client's postponement application is very much appreciated in order to safeguard the supremacy of the nation's laws," he said.

On Sept 5, Free Malaysia Today reported that SM Faisal (above) has instructed lawyer Akberdin Abdul Kader to initiate contempt proceedings against Maria after she criticised syariah court for imposing the seven-day jail sentence on Emilia.

Akberdin reportedly said that Maria’s comments displayed an ignorance about the facts of the case, and that his client felt that the MP had "insulted the syariah court".

“She did not even consult the other side before making such a strong statement,” said Akberdin, who added that as a lawmaker, Maria had to be fair to both sides and respect the law.

On Sept 4, the Kuala Lumpur Syariah Court meted out the custodial sentence against Emilia for rescheduling visitation dates for her children to be with their father.

It was reported that she is currently out on RM5,000 bail pending appeal.

The ruling prompted criticism from Maria who said that Muslim women were still being discriminated against under the syariah legal system.

Faisal and Emilia divorced in 2016, and the latter was granted full custody of their three children, Fawwaz, Faiz and Farhan.

Akberdin alleged that even though Faisal was granted visitation rights in July last year, he was not allowed to take their children out of Emilia's house.

“He was supposed to be able to take the children on Friday and return them on Sunday. But he was never allowed to do this, not once, not even for overnight stays, let alone a few hours during the day," the lawyer said.

He added that the jail sentence showed that the court was serious about the need for consensus when it comes to a court order.

Emilia has denied Faisal's allegations over the visitation rights. - Mkini

✍ Credit given to the original owner of this post : ☕ Malaysians Must Know the TRUTH

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