In submissions at the Shariah Appeals Court, the businessman said at the height of the divorce, his former wife continued to enjoy the comforts of a three-storey villa in the posh Bukit Damansara neighbourhood and three vehicles.
He said the facilities should be considered as more than sufficient “mutaah”.
In March 2016, Shariah High Court judge Abdul Karim Wahab awarded Shahnaz RM30 million as “mutaah” payment, to be paid in three instalments.
Shahnaz, the sister of singer Sheila Majid, had initially demanded RM100 million in mutaah.
She had also asked for RM300 million in matrimonial property, which includes houses, lands and luxury cars.
Following the court’s decision to award her RM30 million, Shahnaz had pledged to donate one-third of the amount to charity.
In his submission today, Mahmud said this was proof that she did not need the money.
“This inferred that her claim for a substantial mutaah was of no merit as a personal benefit but rather made as an exaggerated vexatious claim in the high profile divorce,” said Mahmud.
Lawyers Zainul Rijal Abu Bakar and Saadiah Din appeared for Mahmud while Mohd Rafie Mohd Shafie and Akberdin Abdul Kader acted for Shahnaz, before judges Yusof Musa, Saarani Ismail and Mohd Naim.
Mahmud also challenged a claim by auditors appointed by Shahnaz that he had over RM1 billion in assets, saying the report was not final and unverified.
“There had been no physical inspections or sightings conducted by the author to determine an accurate valuation,” said Mahmud.
He told the court that the award for Shahnaz was not in keeping with the spirit of mutaah, adding that the sum “should be within reason as an Islamic conciliatory gift for a former wife to begin a new life after divorce”.
He said under Islamic jurisdictions in other countries, a sum of 30 Dirhams, or an equivalent gold value of about RM15,650, was the normal sum for mutaah, adding that the sum awarded to Shahnaz also violates Section 56 of the Islamic Family Law Act (Federal Territory) 1984, which prescribes a husband to pay “a fair amount”.
The court set October 16 for a decision.