By DayakDaily Team
KUCHING, Dec 4: The High Court in Kuching today heard a judicial review application filed by Toh Puan Datuk Patinggi Raghad Kurdi Taib, challenging provisions in the Sarawak Administration of Estates Ordinance that allegedly discriminate against women.
The challenge focuses on Section 8 of the Ordinance, a pre-Merdeka law from 1941, which prioritises male heirs and widowers over widows and female relatives in estate administration.
Raghad’s counsel argued that this provision contravenes Article 8(2) of the Federal Constitution, which guarantees gender equality.
Her legal team emphasised that the law must be reinterpreted to include “widows” alongside “widowers” to ensure fairness and align with constitutional principles prohibiting gender discrimination in relation to the administration of the estate of her late husband, the former Sarawak Governor Tun Pehin Sri Abdul Taib Mahmud.
The case holds the potential to set a significant legal precedent on how Sarawak’s estate laws align with Malaysia’s constitutional commitment to gender equality.
It could also influence future cases concerning the administration of estates in Sarawak.
Raghad is represented by counsel Sylvester Lai, with Taib’s children Dato Sri Sulaiman Abdul Rahman Abdul Taib defended by Alvin Chong and Jonathan Tay while Dato Sri Mahmud Abu Bekir Taib represented by Wilian Yeo.
Other parties include the Kuching District Officer represented by State Legal Officers Lonie Pinda and Syafiq Sapri.
The court has reserved its decision, which is expected to be delivered in February 2025, marking a critical juncture in this landmark legal battle. — DayakDaily
