Businessman’s ex-wife loses bid to stay shariah court jail sentence

Businessman’s ex-wife loses bid to stay shariah court jail sentence

Court of Appeal cites lack of jurisdiction as the sentence against Emilia Hanafi, the ex-wife of SM Faisal SM Nasimuddin, was handed down by the shariah court.

Emilia Hanafi (2nd from left) was sentenced to a week’s jail after failing to produce their three children to SM Faisal SM Nasimuddin, despite court orders.
GEORGE TOWN:
The appeal of a tycoon’s ex-wife to stay her seven-day jail sentence handed down by a shariah court was dismissed by the Court of Appeal today, citing a lack of jurisdiction.

In a 2-1 majority decision, the appellate court said it did not want to interfere in the matter of a different court.

Emilia Hanafi, 43, the ex-wife of businessman SM Faisal SM Nasimuddin, was sentenced to a week’s jail after failing to produce their three children to Faisal, despite court orders and a consent judgment allowing him visiting rights.

Emilia then filed a judicial review at the High Court over the sentence and asked for a stay of execution pending leave for the judicial review.

According to Faisal’s lawyer, Akberdin Abdul Kader, the majority verdict was delivered by judge Karim Jalil, who sat with Abu Bakar Jais and Mariana Yahya. Abu Bakar dissented.

Nizam Bashir and K Shanmuga appeared for Emilia.

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