Syariah Appeal Court orders re-trial of Shahnaz vs Bekir

Shahnaz A Majid will have to wait longer on whether her demands for a ‘compensatory gift' following her multi-million ringgit divorce from Mahmud Abu Bekir Taib, the son of the Sarawak chief minister, is successful.

This follows the decision of the Syariah Court of Appeal, the highest religious court in Kuala Lumpur, that the ‘mutaah' (gift) hearing was not done according to procedures, and in an unprecedented move ordered a re-trial before another judge.

"It also ordered that all related documents (bank statements) be produced," said lawyer Zainul Rijal Abu Bakar, who is acting for Mahmud Abu Bekir.

The order was made by judge Zohdi Toha, who headed a three-member Syariah Appeal Court bench that includes judges Aidi Moktar and Hussin Harun.

However, the hearing of the application was done in chambers and was without the presence of both the applicant (Mahmud Abu Bekir) and respondent (Shahnaz).

The hearing of the judicial review application by Mahmud Abu Bekir was dated Nov 14 last year, but a sealed copy of the order was only made on Jan 18.

This explains why the Shahnaz vs Mahmud Abu Bekir case for ‘mutaah' had not been heard since Dec 24.

The court order states it unanimously allowed Mahmud Abu Bekir's application under Section 53(1) of the Islamic Administration Laws (Federal Territory) for a retrial.

Section 53(1) states the powers of the Syariah Court of Appeal to review a decision or proceeding at the lower courts in the interest of justice.

Besides this, the Syariah Court of Appeal ordered that the oral testimony must be done according to the proper procedures, including in the preparation and marking of all documents. Previously, Mahmud Abu Bekir's bank account documents were tendered.

Committal proceeding also set aside

In addition, the Syariah High Court last week set aside the committal proceeding on Mahmud Abu Bekir.

The decision was made by Syariah High Court judge Mohamad Abdullah, who had presided over the ‘mutaah' matter.

The court had found that the reasons given by Mahmud Abu Bekir to be acceptable.

Shahnaz's lawyers, Akbardin Abdul Kader and Rafie Mohd Shafie, have been seeking forcommittal proceedings to punish Mahmud Abu Bekir (left in photo), as he has been absent from the court hearings several times, and had not complied with the court order to furnish the relevant documents pertaining to his assets.

Mohamad in his decision said the court agreed that the committal proceeding can only be initiated by the court, involving contempt inside or outside the court, and cannot be initiated by any parties.

He also ruled that Shahnaz's lawyers should have made proper references on any provisions to initiate the committal proceeding.

"As the respondent (Mahmud Abu Bekir) had shown valid reasons to the court, the committal to prison cannot be initiated. On this ground, the court finds that there was no contempt committed within section 229 (1) of the Act," ruled Judge Mohamad.

With the Syariah Court of Appeal's decision, Shahnaz's testimony before Mohamad since Sept 24 is now in limbo.

These include Shahnaz's testimony of Mahmud Abu Bekir's alleged 111 bank accounts locally and abroad including in the Bahamas, Europe, Hong Kong, the United States and Singapore.

CIMB, Maybank and Employees Provident Fund officers have alsotestified in court over Mahmud Abu Bekir's accounts and savings and credit card usage.

Previously, it was reported that Mahmud Abu Bekir had tried to barreporters from reporting on the case, but this application was rejected by Mohamad.

Shahnaz's claim

The couple have been divorced since May 11, 2011 when Mahmud announced the ‘talak' (divorce proclamation) in court. They were married in 1992 and have a 18-year-old son.

Shahnaz is reported to beseeking RM100 million for ‘mutaah' and another RM300 million in joint matrimonial claim, when she filed her application two years ago.

She has also filed another claim of RM121 million, late last year, at the Syariah High Court for child maintenance of their son who is studying in the United Kingdom.

This is among the largest known claim in divorce proceedings as Mahmud Abu Bekir is reputed to be worth US$1.5 billion.

However, it was reported the Syariah High Court had allowed her ex-parte application for interim maintenance from her former husband to the amount of RM902,000 last month.