Monday, March 9, 2009

PENGHINAAN MAHKAMAH




PENGHINAAN MAHKAMAH

"Kedua-dua mahkamah, iaitu mahkamah sivil dan mahkamah islam, mempunyai bidang kuasa bagi menangani kes-kes yang bgerkaitan dengan penghinaan mahkamah. Banyak prinsip dan konsep yang di dapati mempunyai persamaan antara kedua-dua undang-undang. ini adalah kerana kedua-duanya bermatlamatkan keadilan. Cuma dalam undang-undang Islam penghinaan mahkamah tidak hanya terhenti setakat mahkamah itu sahaja, bahkan ia berkait dengan hukum hakam, akidah, kemuliaan Rasulullah saw dan Maha Agung Allah swt"- kata pengantar.

KANDUNGAN

BAB 1
SISTEM KEHAKIMAN DALAM UNDANG-UNDANG SIVIL DAN ISLAM

BAB 2
PRINSIP PENGHINAAN MAHKAMAH (CONTEMPT OF COURT) DALAM UNDANG-UNDANG SIVIL

BAB 3
PRINSIP PENGHINAAN MAHKAMAH DALAM UNDANG-UNDANG ISLAM

BAB 4
PERBANDINGAN PRINSIP PENGHINAAN MAHKAMAH ANTARA UNDANG-UNDANG SIVIL DAN ISLAM

BIBLIOGRAFI

boleh hubungi terus pengarang;
nadzri@agc.gov.my
nadzrirahman@gmail.com

Sunday, March 8, 2009

A non-Muslim, rules court


SEREMBAN: A 60-year-old man whose identity card carries a Malay name, but was raised as a Christian since he was 2-months-old, was yesterday declared a non-Muslim by the Syariah Court.

However, Mohammad Shah @ Gilbert Freeman's application to have his Malay name removed from his identity card was rejected by judge Mohd Nadzri Abdul Rahman Ibrahim.

Nadzri said he was satisfied and did not have any doubt that Shah was a non-Muslim before, during and after the application was made through his lawyer Hanif Hasan.

"I believe a name does not reveal a person's religion, although it normally provides a picture of someone's religion.

"The facts from his birth, baptism and marriage certificate, including oral statements by witnesses, have proved that the applicant has been brought up as a Christian since he was 2-months-old."
He said the applicant was born as Mohammad Shah @ Gilbert Freeman on April 17, 1948, was baptised at the Seremban Visitation Church at the age of 3 and was married to P. Anjalie in a Christian ceremony on Aug 3, 1974.

"Even though Shah's father is a Muslim, Section 108 of the Administration of Islamic Law (Negri Sembilan) Enactment does not apply because he was never raised as a Muslim and did not embrace the religion as stated under the law.

"There is also no proof of a valid marriage, according to either Muslim or Christian rites, between the applicant's father, Mohd Syed @ Mohammad Said, and his late mother, Doris Josephine Freeman.

"His mother did not embrace Islam and was a Christian until her death on March 19, 1969. She was buried at the Sikamat Christian Cemetery in Seremban."

On the removal of the name Mohammad Shah from the applicant's identification card, Nadzri said the court only had the authority to ascertain his religious status.

"The application to remove his Malay name pertains to the administration of the National Registration Department as it is the department's jurisdiction to manage the registration process."

NST Online » Local News
2009/03/07

Convert seeks to end her marriage

Convert seeks to end her marriage

Fri, Mar 06, 2009
New Straits Times

SEREMBAN, MALAYSIA: The estranged wife of a non-Muslim carpenter filed a petition at the Syariah High Court here yesterday seeking the dissolution of her marriage to a Buddhist.
Chew Yin No, 23, filed the petition after she converted to Islam on Jan 28 this year and adopted a Muslim name, Siti Zubaidah Chew Abdullah.
The clerk, who has been estranged from her husband, Hoo Ying Soon, for the past six months, also converted the couple's 15-month-old daughter whose name was changed from Hoo Joey, to Nurul Syuhada Chew Abdullah.
She filed an application for the dissolution of marriage under Section 46(2) of the Administration of Islamic Law (Negri Sembilan) before Syariah High Court judge Mohd Nadzri Abdul Rahman.
Siti Zubaidah and her 28-year-old husband, whom she married on Feb 14, 2007, have yet to finalise their divorce in the civil court.
During proceedings, Mohd Nadzri said the foundations of syariah law stated that both the petitioner and respondent should be Muslims.
"However in this case, the respondent is a non-Muslim and as such he is not allowed to be present during the proceedings.
"Thus, I suggest that he file an affidavit with supporting documents so that the court can decide whether he can appear as a respondent or be called as a witness," he said.
Meanwhile, Hoo's counsel, Hanif Hassan, said he was only appointed by his client on Wednesday and, therefore, needed more time to explain the law to Hoo.
"In the interest of fairness and due consideration, I believe there are matters of the syariah law that should be conveyed in depth to my client.
"This will also avoid any confusion over the court's decision later," Hanif said.
Syarie lawyer Mohd Kamarul Arifin Mohd Wafaa, who represented Siti Zubaidah, told the court that she had converted to Islam and registered her religious status at the Pusat Dakwah Islamiah in Paroi here, in January.
He said that she also had a declaration card which confirmed her status as a Muslim.
"The conversion was at her own free will and she had also filed a police report ascertaining to her conversion to Islam," he said, adding that her estranged husband was a Buddhist.
Mohd Nazri then fixed April 1 for mention of the case.