Single Mother Sentenced to Prison for Change of Visitation Date

Emilia Hanafi, the ex-wife of businessman Datuk SM Faisal SM Nasimuddin Kamal, was sentenced to seven days in prison on Monday (June 27) for failing to comply with a Syariah High Court order on visitation dates for her three children.

Emilia was sentenced to seven days in prison for contempt of court on September 4, 2019 after she disobeyed an order by unilaterally rescheduling visitation dates for her children, aged 10 to 16, to be with their father, SM Faisal.

She was, however, released on RM5,000 bail pending an appeal.

Emilia filed a judicial review application on June 8 to challenge the Syariah Court’s jurisdiction, which sentenced her to seven days in jail for contempt of court. Emilia’s respondents included SM Faisal, her former mother-in-law Puan Sri Zaleha Ismail, and five others. The registrar of the Kuala Lumpur Syariah High Court, the chief registrar of the Federal Territories Syariah Court of Appeal, the Kuala Lumpur Syariah Court of Appeal, and the Government of Malaysia are also named.

In her judicial review application, Emilia sought a declaration that the Syariah High Court and the Kuala Lumpur Syariah Court of Appeal, both of which have limited local jurisdiction, lack jurisdiction to hear and punish any individual who violates the court, as this is the exclusive right of civil courts at the Federal Court, Court of Appeal, and High Court levels under Article 126 of the Federal Constitution.

The judicial review application will be heard before High Court Judge Datuk Ahmad Kamal Md Shahid on July 20.

More on this can be read at: https://www.thestar.com.my/news/nation/2022/06/27/sm-faisals-ex-wife-sent-to-kajang-prison-to-serve-seven-day-jail-sentence


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