Aminah Abdullah, the mother of the late Tan Sri Jamaluddin Jarjis, denied in court today that she was shown a faraid certificate involving her son’s assets during a family meeting, after her son’s death.
Under the Islamic principle of faraid, Aminah, as Jamaluddin’s mother, is entitled to one-sixth of her son’s assets. Aminah (plaintiff) said this during cross examination by lawyers representing Jamaluddin’s children Nur Anis Jamaluddin and Ikhwan Hafiz Jamaluddin (defendants).
The lawyers asked Aminah whether she was aware that the defendants, being trustees of the late minister’s estate, had planned to allocate the assets based on the faraid principle.
Aminah did not directly answer the question but instead said she did not agree to anything and did not sign anything relating to the allocation of Jamaluddin’s estate.
“Were you aware that before [Ikhwan] Hafiz can obtain the faraid certificate, he has to get the agreement of all entitled persons?” lawyer Zuri Zabuddin Budiman asked Aminah.
“I don’t know. He never told me,” Aminah said.
Zuri: Do you agree that Ikhwan Hafiz had met with you to explain this matter to you?
Aminah: No
Aminah insisted she did not know anything about the matter, which led Zuri to repeatedly ask her similar questions. Aminah, however, recalled today of a family meeting in December 2016.
Aminah said she could not say anything during the meeting.
Frank Wong, another lawyer representing the defendants, put to Aminah that the meeting was to elect trustees of Jamaluddin’s estate. Aminah, however, said today that she never said anything during the meeting.
Aminah also disagreed with the assertion that Anis and Ikhwan Hafiz were appointed as trustees and that she (Aminah) was shown the faraid certificate, besides a list of Jamaluddin’s assets at the meeting.
Later, Zuri pointed out to Aminah’s previous suit filed with the Syariah court. Aminah said she does not know what the court had previously decided.
Zuri: The court had decided to dismiss your claim.
Aminah: I disagree.
Zuri: Do you agree that the faraid case you filed previously is no longer ongoing at the Syariah court?
Aminah: I disagree.
Aminah also disagreed with the suggestion that Jamaluddin’s Lembaga Tabung Haji savings, which was passed to Anis and Ikhwan Hafiz via their mother Dr Kalsom Ismail, were to be allocated based on the faraid principle.
Meanwhile, Aminah said she received Jamaluddin’s Employees Provident Fund (EPF) savings, which, according to Wong, amounted to about RM800,000.
Wong: Did you pass the money to Anis and Ikhwan Hafiz to be divided based on faraid?”
Aminah: No.
Zuri and Wong subsequently ended their cross-examination. – The Edge Markets