Shahnaz cross-appeals on RM30m mutaah, wants RM100m
Shahnaz A Majid today filed a cross-appeal against the Kuala Lumpur Syariah High Court decision that ordered her former husband Mahmud Bekir Taib to pay her RM30 million for her mutaah (gift following divorce) claim.
The notice of cross-appeal application was filed before the registrar of the Syariah High Court, just after today’s proceeding where Shahnaz sought the reinstatement of her claim of RM100 million.
Shahnaz, who was not satisfied with the RM30 million award, is seeking to increase the quantum to RM100 million, which is to be paid by Bekir, the son of former Sarawak chief minister Abdul Taib Mahmud
Earlier, her lawyers Rafie Mohd Shafie and Akbardin Abdul Kader also objected to the registrar’s decision last Thursday that granted an interim stay of the court order.
Appearing before Syariah High Court judge Mohamad Abdul Karim Wahab, Rafie (photo) said a registrar cannot give an order of interim stay as only the judge or the court can do so.
“We accept receiving the notice of appeal and the stay application but we object to the order given by the registrar as it is not applicable,” he said.
Akbardin further argued that the registrar can only grant leave or permission for Bekir to file the stay application, but not grant an interim stay order.
Justice Karim said he will make a ruling on the matter on Friday, when he will also hear Bekir’s application for a stay.
On March 10, the judge awarded Shahnaz RM30 million and ordered her former husband to pay the sum in three tranches of RM10 million each, on March 31, June 30 and Sept 30.
This comes after the judge having found that Shahnaz, 53, the elder sister of jazz queen Sheila Majid, is entitled to the claim despite her claim being for the sum of RM100 million.
Shahnaz filed her claim of RM100 million for mutaah and another claim of RM500 million for joint matrimonial assets following their divorce.
Her joint matrimonial assets claim has yet to be heard.
Last Wednesday, Syariah High Court registrar Nor Faiz Asfal Abu Bakar, who earlier granted leave for Mahmud Abu Bekir to file the stay application, granted an interim stay, resulting in the uproar raised by Shahnaz’s lawyers today.
Lawyer Saadiah Din for Mahmud Abu Bekir informed the court that they too had filed a notice of appeal against Justice Karim’s decision on March 14, when the judge asked whether they had filed it.
Parties are given 14 days to file an appeal against a Syariah High Court decision.