Emilia sent to Kajang prison to serve jail term
AMY EZREEN
KUALA LUMPUR - Emilia Hanafi, the former wife of businessman Datuk SM Faisal SM Nasimuddin will be spending seven days behind bars for rescheduling the visitation dates for her three children to be with their father.
The jail sentence took effect today after she surrendered herself to the Syariah High Court, this morning.
Syarie lawyer Nazri Yahya who represented Emilia said his client will be serving her sentence at the Kajang Women's Prison.
"After completing her (Emiila) jail term, she will appear for the (criminal) proceedings at the Kuala Lumpur magistrate's court which has been set for mention on July 6," he told reporters when met after the proceedings.
Emilia, 43, arrived at the vicinity of the Syariah Courts Complex at about 9.30am today, to surrender herself to the court to serve her custodial sentence for contempt of court.
The mother of three who was clad in a white jubah with a matching scarf was accompanied by lawyer Siti Zabedah Kasim or better known as Siti Kasim and her supporters.
Also present to show support were Emilia's mother Mazlifah Mohd and brother Ezhan Hanafi.
On Sept 4, 2019, the Syariah High Court ordered Emilia to be jailed for seven days for not abiding by the visitation rights given to the father of her three children and rescheduling those visits on her own.
Syarie judge Mohamed Fouzi Mokhtar made the order after allowing a contempt of court application filed by Faisal against Emilia.
However, she was granted a RM5,000 bail pending her appeal.
On June 8, Emilia filed a judicial review application to challenge the Syariah High Court's jurisdiction to hand down the sentence to her.
She had named her ex-husband, Faisal, 43, his mother Datin Seri Zaleha Ismail, 70, and five others as respondents.
Based on the application, Emilia said she did not live or reside in the Federal Territory during the hadhanah (custody) proceedings filed at the Kuala Lumpur Syariah High Court on July 23, 2018.
She argued that the Syariah Court had no right to impose such a sentence as she lived in Kajang, Selangor.
When met outside the court, Emilia said she hoped that her case would be an example for other women facing similar situations in getting proper justice.
Meanwhile, Siti Kasim said Emilia was forced to surrender to the court because of the emotional stress and trauma she had faced.
To seek justice, her brother, Ezhan, 42, said he had sent a letter to Istana Negara to reconsider the punishment his sister had to face for failing to comply with the order on visitation dates of her own children.
The letter, Ezhan said was submitted three months ago.
“I sent it personally to Istana Negara. But I am not sure whether the letter was received or not.
"It was sent three months ago to commute the sentence (faced by Emilia)," he said when met at the courts complex, today.
Commenting further, Ezhan, who could not hold back his tears, described Emilia's case as the first case in the country that had went through proceedings in multiple courts, namely the criminal court, civil court and the Syariah Court.
He further claimed that the case was no longer a 'family case', but rather a 'national case'.
"InsyaAllah, the truth will be revealed. So far, I just want to know that my sister is doing fine and I will do anything for her justice,” he added.
Asked about the condition of Emilia's three children, Ezhan said, everything was going well.
