By Dorcas Ting
KUCHING, Feb 17: The Kuching High Court has scheduled April 17, 2025, as the date to decide whether the lawsuit filed by the sons of the late Tun Pehin Sri Abdul Taib Mahmud against their stepmother, Toh Puan Datuk Patinggi Raghad Kurdi Taib, should be heard in the Syariah Court or the civil court.
This jurisdictional ruling will play a crucial role in determining how the legal battle over shares in Cahya Mata Sarawak Berhad (CMSB) proceeds.
The legal dispute began in 2023 when Taib’s sons, Datuk Seri Sulaiman Abdul Rahman Abdul Taib and Datuk Seri Mahmud Abu Bekir Taib, sought an injunction to prevent the transfer of CMSB shares to Raghad.
They argued that these shares, initially registered under their late mother, Datuk Patinggi Puan Sri Laila Taib, should be classified as ‘harta sepencarian’ (matrimonial property) acquired during her marriage to the former Sarawak governor.
Their legal team maintains that, since the case involves inheritance and family law under Islamic principles, it falls within the jurisdiction of the Syariah Court.
On the other hand, Raghad’s defence has countered that the plaintiffs do not have the legal standing to initiate the case, as they are merely beneficiaries of their late mother’s estate rather than its administrators.
Her lawyers argue that the rightful executor of Laila Taib’s estate was the late Tun Taib himself, who was not included as a party in the lawsuit before his passing. This raises significant legal questions about whether the claimants have the authority to challenge asset transfers that had not been contested by their father during his lifetime.
The upcoming court session on April 17 will focus solely on deciding whether the case should be heard under Syariah or civil court jurisdiction.
If the court rules in favour of Syariah jurisdiction, the case will proceed under Islamic law, potentially affecting how matrimonial property and inheritance are handled.
If it is directed to the civil court instead, it may set a precedent for similar legal battles involving high-profile estates and cross-jurisdictional legal matters in Malaysia. — DayakDaily
