Gombak Timur Syariah Court today warned that it would initiate contempt proceedings against those who continue to harp on its recent decision relating to divorce through SMS

The court's assistant registrar Harun Hashim told malaysiakini that the court wanted the matter resolved and hoped that public debate over the issue would stop.

A recent decision by syariah judge Mohd. Fauzi Ismail to accept a pronouncement of talaq (divorce) by SMS has resulted in a flurry of reaction from many quarters.

Some had suggested that the judge had made a technical error in ordering the divorce to take effect from the date of the SMS in question, while cabinet ministers announced plans to initiate legal action and moves to amend current divorce laws.

The judge made his ruling on July 24 during divorce proceedings to end the 18-month marriage of Shamsudin Latif and Azida Fazlina Abdul Latif.

No authority

Shamsuddin had reportedly sent his wife a SMS message stating: Kalau engkau tak keluar dari rumah mak bapak engkau, jatuh talak tiga. (If you do not leave your parents' house, you will be divorced.)

Reacting to the furore that followed the decision, the cabinet had on Wednesday stated that such methods were unacceptable.

This was followed by a statement by the Minister in the Prime Minister's Department Abdul Hamid Zainal Abidin that there could be plans to prosecute the divorce-seeking husband Shamsuddin.

To this, the assistant registrar Harun said the minister does not have the authority to do so.

"The only one able to prosecute or review the case is the Selangor Syariah court or the presiding judge (Mohd. Fauzi). Not just anybody can initiate legal proceedings in this case," he added.

Abdul Hamid's statement was also criticised by former chief syariah judge Syeikh Azmi Ahmad, who questioned if the minister had purposely wanted the Federal Territory syariah court to conduct the prosecution because as the highest religious officer in the territory, he has the power to issue such an order.

"Or is it because the minister feels that the Selangor syariah court is less likely to be easily controlled," asked Azmi who is also Keadilan vice-president.

He added that such a statement from the minister was tantamount to political interference into the jurisdiction of the syariah court.