RM400mil? Shahnaz may not even win a sen from tight-fisted Taibs

Shahnaz A. Majid, the daughter-in-law of the Sarawak Chief Minister, who is filing for divorce from her estranged billionaire husband Mahmud Abu Bekir Taib, may have a long wait before she receives her RM400 million settlement, if at all.

Shahnaz’s lead counsel Mohd Rafie Mohd Shafie, said that Bekir failed to appear twice before the lower court judge to hear the case. Shahnaz has had to apply to the Kuala Lumpur Syariah High Court to issue a warrant of arrest against her estranged husband.

Shahnaz is facing what the majority of Muslim women experience when they seek a divorce. Unlike Shahnaz, these women have little time or money to fight for their rights.

The sad outcome is that many ex-husbands, fail to live up to their responsibilities because of weaknesses in the syariah law, and it is the woman, in our Malaysian Muslim society, who is failed, yet again.

Bekir is using a delay tactic that is favoured among Malay Muslim men, caught in the middle of divorce proceedings.

Men make it difficult for their wives lawyers to serve the divorce papers, which will request their presence in court. The husbands simply disappear or give conflicting contact addresses and advice friends and family members to not disclose their whereabouts.

When the husband does not appear in court, the syariah judge will tell the wife to “try harder” to locate her missing husband.

Some women give up at this stage. To locate a man who does not want to be found is difficult. Private investigators cost money.

If is only after the second court session and absence of the husband (court sessions may be many months apart and during the fasting month, things grind to an even slower pace) that the judge will advise the courts to issue an arrest warrant.

Then, at the third court session, many wives will discover that the communication between the court and the police, about the arrest warrant was never issued. More time is wasted with both court and police, blaming the other.

Only the determined woman continues after this stage. The majority have neither the financial means, the knowledge, the emotional support and energy, to pursue their cases. Lawyers cost money.

Many single women suffer in silence. They bring up children whose fathers have absconded and who have conveniently abrogated their responsibility.

Single mothers cannot afford to take the time off work, if they are working, to sit waiting in syariah courts for the non-appearance of their husbands. Fewer still syariah judges understand and appreciate the sacrifice and hardship faced by the Muslim woman filing for divorce.

Perhaps, Bekir is trying to withhold payment of his ill-gotten wealth to his ex-wife. It won’t be from remorse, but only because he is hoping Shahnaz will apply to the government’s RM15million allocation, which helps single mothers awaiting the Syariah Court’s decision on the quantum of alimony.

This allocation was set up two years ago, supposedly to help women, by giving them an advance payment, whilst they were in the middle of divorce proceedings and not receiving financial support from their husbands.

Unfortunately, men see this as a means to avoid facing up to their responsibilities. Therefore, this government relief fund, is not treating the problem.

The real problem lies with the inefficiency of the syariah courts which take a long time to resolve cases. Even after a decision is made on alimony, no one is prosecuted when payments are not made, as syariah enforcement is inefficient.

Some ex-husbands claim they are unable to pay because they are unemployed, even when it is evident they are in full paid employment.

There are known cases where ex-husbands quickly dispose of their assets just to avoid alimony payments.

There is also a cut-off point for paying child support. Some men delay this so that by the time the law catches up with them, they need not pay up.

There is blatant open contempt of the courts and ease with which the ex-husbands are able to avoid maintenance and child support to their ex-wives.

Is syariah divorce law fair to women? Try asking the hundreds of thousands, if not millions, of women who have been failed by the system.