KUALA LUMPUR: The former wife of businessman SM Faisal SM Nasimuddin has been refused permission to challenge the jurisdiction of the Kuala Lumpur shariah court, which initiated committal proceedings against her.
High Court judge Ahmad Kamal Md Shahid allowed an objection by the Attorney-General’s Chambers to the application for a judicial review filed by Emilia Hanafi, 43.
Federal counsel Mohammad Sallehuddin Md Ali said the High Court had previously ruled that the shariah court had jurisdiction under the law to initiate committal proceedings.
He also said the Federal Constitution stated that shariah court proceedings and decisions could not be reviewed by the civil courts
Sallehuddin said the court also held that Emilia’s leave application was filed outside the set period.
Committal proceedings against Emilia were obtained by her former husband for violation of the court order on visiting rights to their three children.
Emilia had sought a declaration that the Kuala Lumpur shariah high court and shariah court of appeal lacked jurisdiction to hear and punish anyone who contravenes a court order and that it is the exclusive right of the civil courts under the constitution.