KUALA LUMPUR: Petaling Jaya Member of Parliament Maria Chin Abdullah was sentenced to seven days' jail by the Syariah High Court today for committing contempt of court in her criticism of the court's decision in imposing a jail term on a businessman's former wife.
In finding her guilty, Syarie Judge Mohamed Fouzi Mokhtar said the article published by Maria Chin as the respondent on Sept 5, 2019 relating to the case of businessman Datuk Wira SM Faisal SM Nasimuddin and his ex-wife Emilia Hanafi had belittled, demeaned and insulted the Syariah Court.
"The title used by the respondent (Maria Chin) in the article itself has insulted the court and given a wrong impression of the Syariah Court institution to the public. Her article also contained factual errors and irrelevant points.
"The court hereby rules that the respondent has committed contempt of court through her article. The court also rejects the show-cause notice submitted by Maria Chin. Therefore, the court sentences the respondent to seven days in jail beginning today," he said in his judgement.
However, the court allowed a stay of execution pending an appeal to be filed at the Syariah Court of Appeal.
On Sept 10, 2019, SM Faisal, a director of Naza World Group, and his mother, Datin Seri Zaleha Ismail, as an appellant, applied for leave to cite Maria for contempt of court, and the application was allowed by the Syariah High Court on Oct 14, 2019.
In his brief judgment, Mohamed Fouzi said the respondent's statement was not categorised as fair comment, as it seemed to be aimed at discrediting the Syariah Court by using misleading and irrelevant case facts.
"The statement made is not based on the facts given in the judgment and led the respondent into misrepresentation and contempt of this court.
"The statement is derogatory, scandalous, negative, accusative and inaccurate, and the respondent's action can affect the public's trust in the Syariah Court system," he added.
The judge stated that the respondent purposely insulted the court by stating that the court had discriminated against Emilia and other women who sought justice in the courts.
He said as an MP, the respondent should have known better that this court would only decide the case after all the prescribed procedures had been met and only based on the existence of clear evidence.
The Syarie judge said as a federal legislator, Maria should not question the Syariah courts in performing their duties and undermine the law and any court while the court is carrying out its duties.
"As an honourable MP, the respondent has enough space and the right platform to obtain accurate information, apart from providing fair views and suggestions for the good of this court," he said.
Syarie lawyers Datuk Sulaiman Abdullah and Datuk Akberdin Abdul Kader represented SM Faisal, while lawyer Rosli Dahlan represented Maria. Maria was not present in court as she had been admitted to hospital for COVID-19.
On Sept 4, 2019, the Syariah High Court ordered Emilia to be jailed for seven days for not abiding by the visitation rights given to the father of her three children and rescheduling those visits on her own.
Emilia was released on RM5,000 bail pending appeal.
The sentence handed down to Emilia prompted Maria to issue a statement, which was published in a portal, claiming that Muslim women are still discriminated against under Malaysia's Syariah legal system.
Following that, SM Faisal and Zaleha filed a committal proceeding application against Maria, and the application was allowed by the Syariah High Court.
On March 3 last year, Maria, 65, filed a judicial review application to challenge the Syariah High Court's decision to allow committal proceedings against her. The hearing for the application was fixed for May 25.
-- BERNAMA
Bernama
Mon Apr 25 2022
Maria Chin was sentenced to jail by the Syariah High Court today for committing contempt of court in her criticism of the court's decision in imposing a jail term on a businessman's former wife. - Astro AWANI/Shahir Omar
Selangor records 1,354 out-of-wedlock teen pregnancies from 2023 to Sept 2024
Anfaal Saari emphasises the seriousness of the issue, especially involving children and teenagers under 18 years old.
ICC issues arrest warrants for Netanyahu and Gallant
The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.
Elon Musk's Neuralink receives Canadian approval for brain chip trial
The study aims to assess the safety and initial functionality of its implant which enables people with quadriplegia.
Guitar bought by Beatles' teenage Harrison for GBP58 sells for more than GBP1 million
A guitar bought by George Harrison for about GBP58 has sold at auction for more than GBP1 million (US$1.27 million), the PA Media news agenc
Duct-taped banana goes for $6.2 mln in Sotheby's art auction
A piece of art that is little more than a banana duct-taped to a wall sold at auction to cryptocurrency entrepreneur.
Australian teen dies from tainted liquor in Laos; fourth suspected victim
Spurious liquor is a problem in Laos, with the govts of Australia and Britain warning citizens to be cautious when taking drinks there.
Woman found in freezer died from chest injuries - Police
Preliminary post-mortem report reveals that the victim died from chest injuries caused by blunt trauma.
Malaysia, Vietnam to further cooperate in multiple sectors - PM
Datuk Seri Anwar Ibrahim says the collaboration will also leverage the ASEAN Energy Grid to foster regional growth.
Australia launches 'landmark' bill to ban social media for children under 16
Australia plans to trial an age-verification system that may include biometrics or govt identification to enforce social media age cut-off.
Court orders PDRM to complete investigations into Beng Hock's death within six months
Judge says the claims and reliefs sought by the applicants are within the domain of public law both in pith and substance.
Zii Jia secures spot in BWF World Tour Finals
This will be Lee Zii Jia's third appearance at the season-ending tournament, following the 2020 and 2021 editions.
PM: Media freedom recognition needs improvement but 3Rs limit action
Datuk Seri Anwar Ibrahim says this stems from a request by the Malay rulers for the government to take a stricter stance on these matters.
Malaysian man to be publicly caned at mosque for Islamic crime of close proximity
This punishment involves caning, but what makes it unusual this time is the judge's decision for it to be conducted publicly.
Son of Norway crown princess detained for one week in rape probe
Marius Borg Hoiby is suspected of having sexual encounters with two women who were either unconscious or incapacitated.
Hamas: No hostages-for-prisoners swap deal with Israel unless Gaza war ends
Gaza truce talks stall as the US vetoes a UN resolution calling for an unconditional, permanent ceasefire.
As 2025 ASEAN Chair, Malaysia will prioritise climate change as key regional agenda - Nik Nazmi
As ASEAN Chair for 2025, Malaysia will prioritise climate change as a key regional agenda, aligned with the theme of 'inclusivity and sustainability,' said Minister of Natural Resources and Environmen
Malaysia to host ASEAN round table meeting in 2025 focusing on online service licensing
Datuk Mohamad Fauzi says the roundtable will share perspectives, experiences, and challenges on online service licensing in ASEAN.
Macron’s X post in Malay sparks admiration among netizens
The post, though brief, was written entirely in Malay, sparking admiration and curiosity among netizens.
Indonesia can reach net zero emissions before 2050, president says
Prabowo Subianto says Indonesia plans to retire all coal and fossil-fuel-fired power plants within the next 15 years.
OpenAI launches free AI training course for teachers
The move comes as OpenAI is stepping up efforts to highlight the positive role in education of its ChatGPT chatbot.