Emilia Hanafi, the former wife of Naza World Group executive chairman SM Faisal SM Nasimuddin, was slapped with a seven-day jail sentence, a decision which Maria described as “grave injustice” and “total disgrace to the judicial system”.
“Sentencing a mother of three to jail for seven days for rescheduling visitations even though she had asked for a replacement date is a serious matter,” Maria said.
In July, the Shariah Court allowed Emilia’s ex-husband visitation rights to their three children, Fawwaz, Faiz and Farhan.
Emilia has full custody of the trio. They divorced in 2016.
However, it is understood that on Oct 6 and 7 last year, Faisal was not allowed to visit the children as Emilia had brought her children with her to a religious function in Baling, Kedah. She is said to have again violated the court order on Oct 10, on Faisal’s birthday, which led him to bring the matter to court.
Emilia had maintained that she did not deny her ex-husband his visitation rights or go against the court order.
The jail term on Emilia was postponed after she filed an appeal, and she was allowed a RM5,000 bail.
Maria claimed that Emilia had struggled in an “abusive relationship”, adding that she also did not receive any child support from her ex-husband.
Maria also questioned the Welfare Department for going to Emilia’s house in search of her three kids.
“This is absolutely astounding. It has been four years since the case was first brought to court and Emilia has since been granted full custody over her children. Why is she still being harassed?” Maria asked.
She asked why the shariah court and the Welfare Department did not go after fathers who do not provide child support or maintenance.
“For over 30 years as an activist and a human rights advocate, I have encountered many cases where divorced Muslim women have been left defenceless against the shariah courts, especially when it comes to getting ex-husbands to provide maintenance.
“We cannot allow this discrimination to continue any longer,” she said and recommended that the women, family and community development ministry and the religious affairs ministry work with the shariah courts on this.
They could set up a “non-discriminatory system” to take care of the rights of the disadvantaged, she proposed.