This article first appeared in The Edge Financial Daily on February 20, 2020 - February 26, 2020

KUALA LUMPUR: Aminah Abdullah, the mother of late minister Tan Sri Jamaluddin Jarjis (JJ), denied in the High Court yesterday she was shown a faraid certificate during a family meeting after her son’s death.

She said this when asked by the lawyer representing Jamaluddin’s children, Nur Anis  and Ikhwan Hafiz, whether she was aware that the defendants, being the trustees of the late minister’s estate, had planned to allocate the assets based on the Islamic faraid system of estate management.

Under the principle of faraid, the mother, Aminah, is entitled to one-sixth of her son’s assets.

However, Aminah did not directly answer lawyer Zuri Zabuddin Budiman’s question and 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?” asked Zuri.

“I don’t know. He never told me,” said Aminah.

“Do you agree that Hafiz had met with you to explain this matter to you?” said the lawyer.

“No,” responded Aminah.

She insisted that she did not know anything about the matter, leading Zuri to ask her similar questions repeatedly.

At one point, Aminah told off the lawyer, visibly annoyed by Zuri who had cut her off while she was trying to explain herself.

However, she did recall a family meeting sometime in December 2016 although she said she could not say anything during the meeting.

Aminah is suing the trustees of Jamaluddin’s estate over an inheritance dispute with the late minister’s children Nur Anis and Ikhwan Hafiz.

The dispute involves RM1.36 billion worth of shares in three companies under Teras Dara Konsortium (TDK) — Rantai Wawasan Sdn Bhd (RM1.044 billion), Alpine Motion Sdn Bhd (RM233 million), and Ivory Insights Sdn Bhd (RM80 million).

Lawyer Frank Wong, representing the trustees, put to her that the meeting was to elect the trustees of Jamaluddin’s estate but she only responded, saying that she never said anything during the meeting.

She also disagreed with the assertion that Nur Anis and Ikhwan Hafiz were appointed as the trustees and that she was shown the faraid certificate as well as a list of Jamaluddin’s assets at the said meeting.

“I was made to understand that you did not want to be appointed as a trustee and that you were read a document to release yourself from that right,” said the lawyer.

“I did not sign any document during the meeting,” she responded.

Later, the lawyer pointed out her previous suit filed with the Syariah Court, although Aminah said she does not know what the court had previously decided.

“The court had decided to dismiss your claim,” said Zuri.

“I disagree,” said Aminah.

“Do you agree that the faraid case you filed previously is no longer ongoing at the Syariah Court?” said the lawyer.

“I disagree,” she replied.

She also disagreed with the suggestion that Jamaluddin’s Tabung Haji savings, which were passed to Nur Anis and Ikhwan Hafiz via their mother Dr Kalsom Ismail, to be allocated based on the faraid principle.

Aminah said she did receive the deceased’s Employees Provident Fund savings, which, according to the lawyer, amounted to about RM800,000.

“Did you pass the money to Anis and Hafiz to be divided based on faraid?” asked Wong.

“No,” she said.

The lawyers ended their cross-examination.

During re-examination by lawyer Kamar Ainiah Kamaruzaman, Aminah was asked if she knew what assets Jamaluddin had.

Aminah said he had many assets and that it was beyond her comprehension.

Kamar Ainiah wrapped up her re-examination of the witness shortly after, marking the end of the plaintiff’s case.

Following that, the defendants’ lawyers called in their first witness Datuk Rajadorai Muthan, who was previously the chief financial officer (CFO) of TDK.

The witness said he was asked by Jamaluddin to act as a mentor to Nur Anis and Ikhwan Hafiz, grooming them so that they would be able to take over their father’s business.

“When did the late Tan Sri say this?” asked lawyer Pawancheek Merican, representing Aminah.

“It was as early as 2008. He said that I have to stay on [in the company]. I would have retired in 2007 at age 55, but he didn’t let me retire. He said I had a duty to fulfil,” said Rajadorai.

The witness eventually retired from his CFO post on Oct 31, 2017.