He said the purpose of the gift was to allow Shahnaz to move on with her life after the divorce for which she could not be faulted.
“The religious court will order the ex-husband to pay the one-off compensation if it is proven that he has the financial means,” he told FMT.
In Islamic law, the ex-husband only pays maintenance to the divorced wife for three months or during the iddah period.
But Rafie said the woman was further entitled to the mutaah if she was not responsible for the breakdown of the marriage.
Yesterday, the Federal Territories Shariah Appeal Court upheld the decision of the High Court ordering Mahmud to pay Shahnaz RM30 million, the biggest award to a divorced woman by a religious court in Malaysia.
Rafie said the court had taken into consideration the status of Shahnaz who was a chartered accountant and the former director of several companies, as well as her family background.
Rafie, who was assisted by Akberdin Abdul Kader, said his client had also proven that Mahmud was capable of paying the compensation.
“We have through our expert witness shown that he has assets amounting to RM1.3 billion,” he added.
The decision of the three-member bench, chaired by Yusof Musa, is final as litigants in this case had only one right of appeal since the matter originated from the High Court.
Justice Saarani Ismail, who delivered the verdict, said the High Court had applied the correct shariah principles in deciding to allow Shahnaz’s claim.
The other judge on the bench was Mohd Naim Mokhtar.
The judges however dismissed Shahnaz’s appeal to increase the RM30 million payout.
Shahnaz, the sister of singer Sheila Majid, filed the claim in 2015, initially seeking RM100 million from Mahmud.
The couple, who were married in 1992 before divorcing in 2011, have a 25-year-old son, Raden.
Rafie said another Shariah High Court would hear Shahnaz’s claim on matrimonial property on Oct 29.
She is also asking for RM500 million in jointly acquired matrimonial property (harta sepencarian) including houses, land and luxury cars.