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Thursday, August 22, 2013

Bekir ordered to finance son’s pre-U studies

Hafiz Yatim
Mahmud Abu Bekir Taib, the son of the Sarawak chief minister, has failed to strike off a RM121 million claim against him, initiated by his former wife to finance their son’s tertiary education.
The Syariah High Court in Kuala Lumpur dismissed his objection to the suit today.
Justice Azzeman Omar ruled that it is incumbent upon the father, in spite of a divorce, to finance the child’s education even beyond the age of 18.
This, he said, is because the child is still pursuing his studies overseas and without securing any finances his studies could be disrupted.
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Furthermore, Justice Azzeman said the court was satisfied that Raden Murya Abdul Taib Mahmud had affirmed a statutory declaration supporting the mother’s claim and said he had not received any assistance from the father.
The judge also said that there is a hadith (sayings of the prophet) that the father is required to ensure maintenance on the child when pursuing education.
“Failure to do so can be considered a sin. Hence, the court dismisses the objection,” he ruled.
Mahmud Abu Bekir had argued that his son has attained the age of 18 and that the claim cannot be initiated by his former wife Shahnaz A Majid and that the claim should be initiated by the son.
The Sarawak chief minister’s son was represented by Zainul Rijal Abu Bakar while Rafie Mohd Shafie appeared for Shahnaz.
With this decision, Mahmud is also required to pay the ex-parte interim order of RM902,000 sought by Shahnaz for the first year of their son’s pre-university education.
Shahnaz had on Feb 26 obtained the order to pay the RM902,000 as expenses as board, lodging, and food over the period of his pre-university studies in the United Kingdom.
Shahnaz expressed “Alhamdulillah (thank God) over the court’s decision in a long legal battle which began in 2011.
Outside court, Mahmud Abu Bekir was seen shaking his former wife’s hand. Mahmud Abu Bekir indicated that he may appeal today’s decision.
Divorce in 2011
The couple were divorced at the Syariah High Court on March 11, 2011 after they were married since 1992.
Following the divorce, Shahnaz was given custody of the child while Mahmud Abu Bekir was given visitation rights.
She filed the RM121 million claim against Mahmud Abu Bekir last December to seek her former husband to finance their son’s education until he attains a PhD or doctorate degree.
The amount sought included a RM40 million trust fund and other expenses, including medical insurance and pocket money.
Shahnaz claimed that her former husband had not been paying maintenance for the children since the divorce, including the education fees.
She alleged that Mahmud Abu Bekir was capable of paying the amount as her former husband is said to be worth in excess of RM1 billion, where he is a director in 115 companies and holds shares in 50 public companies, excluding public listed companies.
Shahnaz, who is the elder sister of jazz queen Sheila Majid, has also filed a total of RM400 million in matrimonial assets and gift claim on her former husband, a matter which is still pending for re-trial.

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