Former Johor sultanah appeals on 'divorce'

 

The alleged ‘divorce’ of former Johor sultanah Tuanku Zanariah Tunku Ahmad will go to the highest court in the state - the Syariah Court of Appeal.

This follows lawyers acting for Tuanku Zanariah filing a notice of appeal today at the Johor Syariah Court of Appeal.

Six days ago the Syariah High Court refused to review a decision by the Syariah lower court that recognised the divorce.

This follows the Johor Syariah High Court ruling that it had to abide by the Johor fatwa committee's decision in 2010 that announced the divorce as valid, even though the application was made after the late Sultan Mahmud Iskandar passed away earlier that year.

The Johor Syariah High court also issued a gag order on those in the public gallery not to report the decision outside.

The notice of appeal today was filed by the firm of Kamar Ainiah Raziff & Zashidi. With this, the Johor High Court will have to prepare the written grounds of the decision it made on Jan 20 and following that the grounds of appeal will be filed.

The two were married on Aug 19, 1961. It was Mahmud Iskandar's second marriage.

Notified of divorce after sultan's death

Tuanku Zanariah's plight began in August last year when she received a letter from Johor mufti Mohd Tahrir Syamsuddin, along with three other documents including a divorce certificate dated Oct 8, 2010, that said the divorce took place on Jan 23, 2009.

The second letter was from the former Johor menteri besar Abdul Ghani Othman (right) dated Dec 9, 2010, informing her of the Johor fatwa committee’s decision on Aug 6, 2010 that recognised the validity of the divorce.

The final document was from the Lower Syariah Court dated Sept 30, 2010 that affirmed the divorce.

Sultan Mahmud passed away on Jan 22, 2010.

Tuanku Zanariah claimed that the divorce is not valid and wants the Syariah lower court order to be set aside as she was not called for any divorce proceedings.

She wants the court to investigate whether her late husband's proclamation in Jan 2009 that was allegedly witnessed by Abdul Ghani and the Johor Royal Committee chairperson Tengku Osman Tunku Temenggong Ahmad, was valid, based on a statutory declaration they made.

"A person who passed away on Jan 22, 2010 does not have the legal capacity to initiate any court proceedings unless it is for the administration of its estate.

"Furthermore, during his lifetime the sultan had not filed for any divorce proceedings at any Johor syariah court against me,” she said in court documents challenging the divorce.

Her title as sultanah was also revoked.