Sapura Holdings Sdn Bhd CEO Shahril Shamsuddin has gotten a green light from the Putrajaya Syariah High Court to file his preliminary objection in his father’s ongoing application involving hibah in the form of 14.85 million company shares.
Previously, Shahril’s father, Shamsuddin Abdul Kadir, had applied on Oct 16 to revoke the hibah he had gifted Shahril and his brother, Shariman, in 1997.
Shamsuddin also sought to confirm the hibah, which became the subject of Shahril’s preliminary objection today.
Hibah are voluntary gifts made during a person’s lifetime under Islamic law, which are commonly used to transfer assets such as property, money, or shares and are generally not part of inheritance distribution.
Judge Ahmad Irwan Ismail granted leave to Shahril today after hearing submissions from his lawyer, Rafie Shafie, as well as replies from Shamsuddin’s lawyer, Shamsuriah Sulaiman.
Shariman and his lawyer, Fakhrul Azman Abu Hasan, were also present in today’s proceedings. However, they did not object to Shamsudin’s application.
‘Father can withdraw hibah at any time’
Earlier, Rafie submitted that filing for a preliminary objection is within Shahril’s right and permitted by the law.
This prompted Shamsuriah to submit, in reply, that a father has the right to withdraw hibah at any time.
“We request the court to consider that a father has the full right to withdraw any hibah that has been given to his children; we also have locus standi, and this claim is with merits,” she said.
Rafie then replied that it is true that a father can withdraw the hibah at any time, but there is an exception.
“In this case, the shares are no longer owned by the defendant (Shahril) and no longer form part of the company’s equity structure; this issue needs to be decided by the court,” Rafie said.
The judge then ordered Rafie to file his affidavits by Jan 1, and Shamsuriah to reply by Jan 28, as well as fixing Feb 6 for Rafie to file further replies if there are any.
The court also fixed Feb 24 for case mention.
Civil case
Apart from the syariah court case with Shamsuddin, the brothers are embroiled in another civil suit in the Kuala Lumpur High Court, where Shahriman had filed a winding-up petition against his brother, as reported by The Edge.
In the civil suit, Shahriman claimed that an irretrievable breakdown in trust and confidence between him and Shahril warranted the company’s dissolution, according to Free Malaysia Today. - Mkini
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