The Kuala Lumpur Syariah High Court has fixed March 30 for decision on the stay application by Mahmud Abu Bekir Taib, who has been ordered to pay his ex-wife Shahnaz A Majid RM30 million mutaah (conciliatory gift).

Judge Muhamad Abdul Karim Wahab fixed the date after hearing submissions from lawyers representing both parties this afternoon.

Earlier, Abdul Karim set aside an order made by the court registrar, dated March 16, which granted an interim stay of the order for Bekir, the son of former Sarawak chief minister Abdul Taib Mahmud, to pay the amount beginning with RM10 million by March 31.

At the last session, lawyers for Shahnaz objected to the registrar's interim stay, arguing that a registrar has no authority to give such orders.

Lawyer Saadiah Din ( photo ) for Bekir applied for a stay arguing on the to the huge sum of payment, which is considered the biggest in Syariah Court history.

“My client has to apply and secure loans just to pay the amount and hence we need the stay order as the time given for the first payment of RM10 million, by March 31, is too short.

“Furthermore, there is a case law regarding mutaah, the case of (Domestic Trade, Consumer Affairs and Cooperatives Minister) Hamzah Zainuddin, which states that a notice of appeal application filed could be considered the filing of a stay application,” Saadiah said.

She also expressed concern that Shahnaz had revealed that she want to donate one third of her claim to orphanages and single mothers’ organisations, as was widely reported by the media, and that she is concerned that should a decision on the appeal go her client’s was, there would be no way to recover the money.

Saadiah also said that since Shahnaz had also applied for a cross-appeal of the sum, it would be in the interest of justice for a stay to be granted, for who knows the Syariah Court of Appeal may even decide to lower the amount.

No special circumstances

Akberdin Abdul Kader, for Shahnaz, submitted that the Hamzah's case was an old matter as there are newer cases, also regarding mutaah, where stay has not been granted.

Akberdin said two of the cases involved lawyer Zainul Rijal Abu Bakar, who is now representing Bekir, who had then in the two cases objected to a stay and it was granted.

He further said that the court had ordered staggered payments of RM10 million each to be made on March 31, June 30 and Sept 30.

“This is over a period of more than six months and not considered a one lump sum payment. By allowing a stay, it would further discriminate my client as she had been abandoned for 10 years before her divorce.

“The court gave the judgment and it should be followed pending appeal,” Akberdin said.

Furthermore, he said, Bekir had not shown any special circumstances for the court to allow a stay.

In any court proceeding, he added, even in the civil court, special circumstances have to be shown.

“My learned counsel’s argument for fear of my client donating the money does not hold water, as she was merely responding to questions from the media and this is not finalised.

“It is trite law that the applicant has to show special circumstances and sufficient evidence for a stay. Based on his affidavit, Bekir has not shown this,” said the lawyer.

Lawyer Rafie Mohd Shafie ( photo ) emphasised that Section 144 of the Federal Territories Syariah Civil Procedure Act 1998 stipulates that the filing of a notice of appeal does not constitute a stay.

“Although the rules state that a stay maybe granted, it cannot bypass this section, which is an Act of Parliament,” Rafie said.

Therefore, both lawyers wanted the stay application to be dismissed with costs.

Shahnaz and Bekir were married in 1992 and they were officially divorced on May 11, 2011.

Judge Abdul Karim had, on March 10, decided there is a valid claim made by Shahnaz and ordered Bekir to pay her RM30 million as mutaah.