KUALA LUMPUR: Emilia Hanafi, the former wife of businessman, Datuk SM Faisal SM Nasimuddin Kamal, was sent to Kajang Prison to serve a seven-day jail sentence starting Monday (June 27), for failing to comply with a Syariah High Court order on visitation dates for her three children.
The Syariah High Court on Sept 4, 2019 sentenced Emilia to seven days in prison for contempt of court after she disobeyed an order by unilaterally rescheduling the visitation dates for her children, aged 10 to 16, to be with their father SM Faisal.
However, she was released on bail of RM5,000 pending appeal.
Emilia, 43, in a white long dress and shawl, arrived at the Syariah Court here at 9.50am accompanied by her lawyer and family members.
According to Syariah lawyer Nazri Yahya, who represented Emilia, his client was calm and mentally ready when she surrendered at the Kuala Lumpur Syariah Court police office.
He said his client will appear in the Kuala Lumpur Magistrate's Court on July 6, in the trial proceedings of the case of SM Faisal, who is alleged to have injured his ex-wife.
Emilia and SM Faisal were married in 2002 and divorced in 2016. Emila was granted full custody of their three children with SM Faisal given visitation rights.
On June 8, Emilia filed a judicial review application to challenge the jurisdiction of the Syariah Court, which sentenced her to seven days in jail for contempt of court.
Emilia filed the application through Messrs Nizam Bashir & Associates in the High Court, and named SM Faisal, 43, her former mother-in-law Puan Sri Zaleha Ismail, 70, and five others as respondents.
Also named are the registrar of the Kuala Lumpur Syariah High Court; the chief registrar of the Federal Territories Syariah Court of Appeal; the Kuala Lumpur Syariah High Court; the Kuala Lumpur Syariah Court of Appeal and the Government of Malaysia.
Emilia sought a declaration that the Syariah High Court and the Kuala Lumpur Syariah Court of Appeal, with a limited local jurisdiction, do not have jurisdiction to hear and punish any individual who contravenes the court, as it is the exclusive right of the civil courts at the Federal Court, Court of Appeal and of High Court level according to Article 126 of the Federal Constitution.
The judicial review application will be heard on July 20 before High Court Judge Datuk Ahmad Kamal Md Shahid. - Bernama
