KUALA LUMPUR: An application by a businessman to amend a judicial review made against his ex-wife, former Federal Territories Syariah Court Chief Judge Ibrahim Deris and three others to challenge the decision on the composition of panel members for an appeal proceeding on a nusyuz case will be heard on Dec 9 at the Syariah Court of Appeal.
Lawyer Nizam Bashir, representing the businessman, Hisham Halim, said the date was set by High Court deputy registrar Norazlin Othman through an email sent to him yesterday.
“My client’s application to amend the judicial review will be heard before Judge Datuk Ahmad Kamal Md Shahid and the parties involved are required to file in the written submission on or before Nov 24,“ the said when contacted through Whatsapp today.
According to Nizam, the application was to amend, among others, to include details regarding Ibrahim’s action in filing for a judicial review of a decision to terminate his service as the Syariah Chief Judge of the Federal Territories Syariah Court and transfer to the Perlis Syariah Court.
Hisham filed the application last month, in which he named his ex-wife Maya Ahmad Fuaad, 38; Ibrahim, Director General of the Syariah Judiciary Department of Malaysia, Chief Registrar of the Court of Appeal of the Federal Territories and the Malaysian government as respondents.
Hisham, 38, is seeking, among others, a declaration that the decision made on June 11 and July 20 this year by the Director General of the Syariah Judiciary Department of Malaysia and the Chief Registrar of the Federal Territories Court to appoint the chairman and members of the panel in his appeal case, and in not reviewing the registrar’s decision in setting the date of the appeal hearing, is invalid and void.
He is also applying for a certiorari order for the membership and chairmanship of the appeal panel to be returned to Ibrahim for consideration.
According to Hisham, Maya had filed an appeal against the decision of the Syariah High Court in striking out her appeal against his nusyuz application.
(Nusyus means a wife unreasonably refuses to obey the lawful wishes or commands of her husband, that is to say, inter alia, when she withholds her association with her husband, leaves her husband’s home against his will; or refuses to move with him to another home or place without any valid reason according to Syariah law.).
He said on Dec 17, 2019, the appeal panel consisting of Ibrahim as chairman, Mohd Amran Mat Zain and Datuk Mohd Shukor Sabudin had allowed Maya to re-submit the notice of appeal to him and on Feb 18, the court set April 10 for decision, but the proceeding was postponed following the implementation of the Movement Control Order.
Hisham said that during the appeal hearing on June 11, only two panel members were present as Ibrahim, could not attend as he had been transferred to Perlis, but Maya agreed to continue with the proceedings while he had agreed to accept the decision if it was made by the original panel.
However, he said, the chief registrar, in a letter, stated that the appeal would be heard before a new Syariah Court of Appeal Panel on July 20 , which was in line with the order given on June 11 by the earlier panel which ruled that the decision could not be read on that day as there was no unanimous decision, as provided under Section 56 (2) of the Administration of Islamic Law (Federal Territories) Act 1993. — Bernama
