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2025 MarsdenLR 5644

COURT OF APPEAL (PUTRAJAYA)
MARIANA YAHYA, MOHD NAZLAN, AZMAN ABDULLAH, JJ
Peguam Negara Malaysia – Appellant
Versus
Maria Chin bt Abdullah – Respondent


Table of Content
1. facts surrounding the case and leave application. (Para 1 , 3 , 5 , 6 , 8 , 13)
2. interpretation of statutory provisions related to syariah court. (Para 2 , 4 , 14 , 40)
3. jurisdictional considerations regarding review powers. (Para 16 , 20 , 21 , 24 , 25)
4. understanding the legislation and powers of syariah courts. (Para 22 , 28 , 33)
5. final decision on maintaining syariah court autonomy. (Para 58 , 60)
Held, allowing the appellant’s appeal with no order as to costs and setting aside the decision of the High Court:

(1)The threshold for granting leave to commence judicial review was very low, and it was normally granted if the application was not frivolous and vexatious, and where the applicant had an arguable case. Despite that, it must be borne in mind that the impugned decision must first be amenable to judicial review (see paras 22 & 24).

(2)In respect of the second issue of law, the words ‘the constitution, organization, and procedure of Syariah Court’ as stated in item 1 of the State List ought to be interpreted liberally with the widest amplitude to include the power to punish contempt of itself, which was the ancillary and subsidiary matter to be fairly an

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