Episode 1: New hope
Malaysians are fond to defending traditions
and some with hidden motives. Traditionally Malays dominated the political
scenario and the government, not forgetting the ‘Istana’ or Royalty. Perhaps
because of the languages, numbers (as they form the majority), cultures,
localities and educations. The East Malaysian states of Sabah and Sarawak
together with Singapore (latter independent) and Malaya in 1963 together form
Malaysia. People of similar origins of Sabah and Sarawak are never recognized
as Malays by the West Malaysian because of the constitutional provisions, and I
was being scorned of when I was asked by my fellow students. In United States
we would have been called half breeds. Inter-marriages between Bruneis and
Dusons are common in these regions and because of this a debated issue arise,
that is, where do we placed our self in terms of ethnic. So we go back to our
roots, no here no from there as Bruneis are originally from Brunei Darussalam,
and Bruneis are reluctant to give attention to this issue, perhaps because of
the fear of inheritance claims and status.
At
this point in time when writing this episode, Malaysians especially the
politicians are crazy campaigning for the thirteen general elections, crazy for
power and authority. In the quest the political parties promise anything; the
ruling Barisan National make a transformation promise and this supported by
many election goodies and the threat of the Malays losing power, just to stay
in power; and the oppositions parties promise a transparent government free
from corruptions, nepotism and cronyism. In Sabah, the Barisan National had
been in control for over fifteen years bringing about some progress but still
progress are just spoken then seen. Prices of essential items including those
of the constructions and petroleum are at the high, too high for even
pensioners like me to follow. The inflation picture is being distorted by the
consumer price index (CPI).
Too
many issues, pictures and accusations are been thrown and painted. There are
signs for a wind of change blowing, but in my opinion insufficient to create a
storm led alone a major tsunami like during the twelve general elections. In
Sabah, political leaders become opportunists. Some thought of championing autonomy
and getting more from the oil revenue. But political leaders here are just like
old milk in new bottles, not just stale but also outdated. Perhaps their
slogan ‘ini kali lah’ gives some weight to the outcome for the election. Though
marginal just like should the Barisan manage to stay in Putrajaya, they have
marginal parliamentarian support, and likewise for that matter should the
oppositions win. Politics as art have no define parameters. So we assume it is
the art of the possible. But as a science subject we tend to confined it within
certain identifiable and quantified parameters. But distorted data make any
prediction outcome with a high error, thereafter just mere academics.
In
Sabah, there is a slim chance for a change of government as I see because of
the marginal help from voters of Bruneis and Bajaus descend who are dead
supporters and daydreamers making them easy to be manipulated by their dominant
UMNO party. They still dream of being called Malay when all promises made are just
mere rhetoric slogans or propagandas. At the end of the day if there is a
change of government, the Bruneis and the Bajaus become just bystanders like
what happen during the PBS era; where Tun Dr Mahathir came out with a
questionable strategy which is to include foreigners from Indonesia, Pakistan
and Philippines into the electoral rolls. Again this was done on the pretext of
race and religions, doing more harm than good, just like importing foreign
labors when they are not that skill but just to make more money to the
employers. The government never thought of the billions of Ringgits being
transferred to countries of the foreigners. The issue at this point in time is
no longer to be called a Malay because if we think like that, then we subscribe
to maintain the scenario of the present government leaders, not just protecting
them but allowing them to amass our state wealth making Sabahans just like
buffalos with losing concerns and thereafter becoming beggars opportunist and
poor.
Episode 2: Sunset
Enough of politics, who ever runs the
government is of little concern to me. My interests is, I have the right to
vote and I have the right to choose the government. Whatever, I still have to
buy rice tomorrow to feed my family. Rice have been our staple food for time
immemorial and it is hard to go without them. Nothing much have change since
then, except rice is more expensive now. Before we used to grow them in paddy
fields in Sipitang and Labuan. Now those paddy fields are gone, despite the calls
by many politicians to create a rice bowl. I liked to help my grandma(paternal)
in her paddy fields, not so much to do weedings but to run around and chased
after catfish in the irrigations; so much fun back then.
My
eldest brother Khalid months ago talked about going back to the island to visit
among others our relatives and our parents graves. It had been a long time, as
I kept pushing it aside. Unplanned and unexpected we made our way back on
separate ways. As a season traveler, I am in no rush and I called up a few
childhood friends. As I landed on the foot ways of the rows of shop houses in
Labuan, once again I have the feelings of being a stranger here. My brother and
his family stayed our inherited house, while I stayed with my cousins Asmat and
Mariam in kampung Saguking.
After
our morning prayer we visited our parents graves and thereafter visit my
sister. Nothing much had change and all still in the same old style. From
there, we make our way back to the town and my nephew dropped us near a
supermarket at a place we once called Kampung Parit. Just like the forgotten
name, we were quite lost and I said to my wife, “Macam rusa masuk kampung”. Out
of the blue Koh Chan Lee appeared. His white hairs are quite apparent and he
has 14 grandchildren. “Orang kaya cucu, tapi tak banyak anak”, I said. His
laughs reminded me of our good old days.
Then
came along my cousin Awang followed by my very old friend Gregory Reuterns and
his family. I'm very thankful, and with his white hairs as he too aged, not
surprising, as we have been friends for more than fifty years, though I am
older just by months. I like to narrate his story, after all it is our story
and a part of my story.
Gregory
Reuterns is one of the sons of Mr. Reuterns and Ms. Veronica @ Teo Chin Seng,
and of Dutch descend whom we used to call 'Adek'. His eldest brother is the
late foreign going Captain Francis Reuterns and another young brother Raymond
and sisters Angeline and Abeline. Gregory was not much of a book worm nor a
sportsman. He was always fond of tagging along with my eldest brother to go
fishing especially cuttlefish. His late father though of Eurasian descend
looked more Chinese, was quite tall and like other civil servants at
that time rode a bicycle and I remember all of his family members have a
bicycle each. In the old days we used to play together and name many kids game
we played them and I remember bringing him along to steal mangoes near a house
along the Tanjung Purun Road. As we lived near the beach, the high winds
allowed us to play kites. Asri Osman and his brothers always join us in those
days. Now the area has been turned into a park; not even a column of our houses
is left standing to remind us of the past. Our neighbour at that point in time
were peace corps such as Ms. Cockery, the Torvis and the Hovermens. Our school
principle also lived in the same area. The most noted school principle at
that time was Mr. Albert Chia. Another teacher Mr. Ramdas also lived in the same
area, but he went back to West Malaysia before we completed our Senior
Cambridge.
After
our O'level Senior Cambridge, he did continue his studies in Hong Kong and
worked in Singapore and travel to many distant places like the Soloman Islands
and Mali carrying the traditions of being an islander. The only different with
me is he come back due to the calls from his late mother, while I and many
others move on and left behind just memories. I was amused when an old
classmate call him Adek as I have not call him that name ever since I left the
island. He still stay close to our old friends and a great footballer Hassan
Sani did remember my name but mistaken me for my elder brother. Anuar Mansor
thought I had passed away but thankful I'm still alive. The small reunion here
was beautiful and I treasure it as the memories keep me alive and cheerful
again and it is not out of place to note that we islanders have each our own
stories with regard to our wondering around. Gregory Reutern is good, successful
and in a way never forget his past.
As
an island, Labuan had so many sandy beaches more beautiful than the beaches I
traveled to, just to watch the sunset. In those days, we went through our
routines of either catching crabs or shrimps on the beach close to our houses
and we did not really noticed the sun setting, not even now at our present age,
perhaps due to our ignorance. One of these days, perhaps a reunion on one of
the beach to watch the sun setting would be a better option rather than a
dinner in one of the fancy hotels, as it is too casual. To me fancier is not
really better.
Episode 3: Dawn
It
has been quite sometime, and my routine does not seem to change very much. I
continue to visit my relatives and friends and keep in touch with them hoping
somewhere along the lines somebody might remember something or somebody. As I
mentioned before knowledges of my roots are in pieces, but slowly the pieces
collected come together and help to solve the puzzle. My maternal grandfather
Hj. Durahman or Drahman bin Hamzah was reported to have 7 wives and I assumed
he followed the practice of our Prophet Muhammad. The first wife was Hajah
Fatamah and they both had three children: 1. Khadijah 2. Hajah Aisah 3. Hajah
Lauyah. Hj. Drahman also married another lady with decendants Dang Ayang, Bibi
and Hj. Ibrahim. The rest of the wives are still part of the peices.
Kak
Giuk daughter of Hj. Ibrahim bin Hj. Drahman who speak fluent Suluk is among
our eldest. Residing in Sungai Bedaun W.P Labuan is always fun to talk to. I
remember from my late mother who said my late grandpa Hj. Drahman left them
property in Pulau Tambisan and entirely left for them. Kak Giuk's late husband
Cikgu Mokthar did one day tried to drag me to visit and reside to Tambisan but
I laugh and politely declined. I often joke with her that their family, “Kena
buang daerah, kena tinggal di pulau.” I once ask how we are related. She
replied, “My late mother and her late father were brother and sister with
diffrent mothers.”
At
the time of writting this part, Sabah, and the whole nation is having elections
(State and Federal). It is like a festival as the roads, buildings and even
trees are lined with flags, slogans and pictures of candidates and thier
leaders. It is a colourful sights. Basically, it is a battle between two
figures, one the charming Dato' Seri Najib, and the other an orater Dato' Seri
Anuar Ibrahim. It is a very close choice and I have not seen any hard fought
elections. The Barisan Nasional as I see it have the edge to form the
government, however, a friend who is standing as an independent candidate in
the Api-Api constituency, Marcel Jude Joseph file a judicial review in the High
Court against the Chairman of the Election Commission over dubious entries in
the Sabah's electrol role, and I think the timing and substance of the case
tend to influence the voting pattern. With publicity the state election should
be very close and history will be created, whatever.
So
come the 7th of May a new dawn just like any other dawn will
emerge, life must goes on and business as usual. All that happens will be
history and we must look foward. However, Siti Suharijan will be all smiles as
she is the second generation of the family graduating with an MBA.
Episode 4: Life in Fort Wayne
Indiana and Morehead, Kentucky 1980-1982
I
arrived in Fort Wayne Indiana in March 1980 after a long flight from Kuala
Lumpur, which took more than twenty hours. On the same flight with me were
Shanmugan Selvadurai, Phua Cheng Poh and a few others. We were to continue our
studies in different disciplines at Indiana Institute of Technology. Phua I
recalled was a small teenager who did not smoke nor drink, and I was one of
those responsible teaching him those evil habits, and I hope now he manage to
kick off those habits. He was a genius I should say and he used to come up with
new formulas to tackle the mathematics problems.
Fort
Wayne Indiana at that time I guess had a population of about a quarter million
people, and our college at that time barely have about three thousand students,
mostly doing engineering courses. The Malaysian students at that time numbers
about twenty and the student president at that time was Terence, but notable
students Sheik Mohamad, Saadiah, Zakariah Ibrahim, Osman(Seman), Suhardy
Ananda, Lim Ban Ching and joined by many others later such as Suhaimi,
Aminudin, Helmi, Dato Rafee Dato Maklin and Mir (Dato). Normally students
in-take took place in the spring quarter but when registering for the fall
quarter, I hardly see those students anymore, since they moved to transfer to
other colleges and universities in search of new pastures. Few managed to
graduate from this college, perhaps because of the cultural shock. Sheik
Mohamad a very popular figure because of his height and style, was our chief
cook who could do a lot of wonders with the un-slaughtered chicken and beef.
Osman was normally our imam who was and still is very versed with the ‘Yaasin’.
He used to recite the prayers. Zakariah an intelligent student was always in
his own world as at that time he did computer engineering. Our small Malaysian
community was well blend with others especially the Indonesians, Thais and
Americans as well as other Arab students.
Life
as a student here was not much of colorful because of the fact that every
student was chasing his or her dream. But honestly, I had difficulty adjusting
with the food and weather here. Chicken and beef were ‘non-halal ‘and so are
many brands of bread. Squids and certain types of fish were cheap and also
salmon and sardines. We once purchased fish from a Korean grocery store here,
and instant noodles which were labeled ‘product of Malaysia’. We purchase rice
here and often while staying at the college dormitory, we taped our door and
cooked curry and rice, the whole floor can smell what we cooked. Because of the
weather and study pressure, occasionally some of us joined together to get away
from the hazards. There was no need for a refrigerator as during winter, fall
and spring we normally hanged whatever outside the windows. But vegetables here
were very cheap. The Americans are very good in applying the economies of
scale, unlike in Malaysia where reaping is the practice. For example, vehicles
here were sold cheaper compared to in Malaysia, and any Malaysian made, and
they are far better off in quality.
Here
were quite a number of Muslims here but at that time we have no common place of
worship (mosque or surau) and at one time we had to perform our Solat Aidiladha
in a church, luckily we were not that fussy. Almost every street in the city
had a church or a place of worship. So while praying together here, I noticed
that Muslims pray according to their belief, and this scared me and I realized
that there are sectarians among the Muslim faith.
During
holidays and term breaks, normally we gathered together, travelled or had
picnics. As the eldest at the point in time, in most cases they referred to me
for advices and that was how I got called Pak Said. Our college was considered
quite small but among the competitive colleges and universities. It was only
the students’ population that was small at that time. Some of the professors at
that time were, Prof. Shlundt, Andofere, Prof. Walfer E. Trusk, and Prof. Dr.
Sarage. It was here I read my accounting degree by chance, as I would like to do
law in London University at that time. But after getting used to life here I
did not like to read that degree except moved to Morehead State University to
do my MBA.
Morehead
was a small agricultural town, with a population at that time around twelve
thousand and more than half are students of Morehead State University. The
Malaysian population here together with their families numbers more than one
hundred, and come from all over Malaysia, and most Malaysian students here were
doing their Masters. Among the same batch with me were Stanly Joibi, Beter
Gladston Majilang, Hj. Abdul Rahman, Kimsin (later associate professor at
UITM), Dr. Terudin (from Sarawak), Hj. Wan Ghazali Hj. Muda, and many others.
We graduated in 1984, and this was where my second son Eddie Zulkarnain was
born. Nothing much of life there, except winter, spring and fall more or less
like in Indiana. As an agricultural town, livestock were readily available and
cheaper compared to Malaysia. Our other supplies had to be purchased from
nearby towns as far as Ohio State. In the spring of 1984, I graduated and
barely made it, burnt-out I forget about getting my CPA, and headed for home
via the Atlantic.
Episode 5: Coffee shop talk
Some win some lost. PR won by reducing
the majorities of BN in the parliament and the new generation voting pattern
has been in motion signalling what they want. Sabah and Sarawak manage to keep
the BN afloat, at the price of many big guns falling. What went wrong? It was
an open secret that a lots of cash are being thrown around, and the abuse of
the media and logistics, the urban voters see these as wasteful. PR have no
local strategist to coordinate the local parties against the BN. Only local
strategists understand the battle grounds here. To many coffee shops it is just
business as usual, not winning but surviving. So another 5 years of surviving
and perhaps in the next round I will be voting through ‘saluran 1’.
Episode 6: My Kin Weddings
We have as a family attended several weddings of our nephews and nieces
and even grandchildren as the wedding pictures collected by Edy Johariyz in
this blog. These are to my opinion grand weddings because of the expenses,
although the common excuse is always because we are of a big family and
conforming to traditions.
In the old days, wedding of those with
Brunei heritage normally lasted for three days and some until seven days. So
much preparations which sometime took months to prepare and family members from
all over gathered together, some bringing gifts of rice, salted fish,
vegetables, fish and chickens to be shared together during the wedding. I like
the glutinous rice prepared in the form of ‘lemban’ to be taken with curry. In
those days we just use fire woods to do the cooking and we put up camps for
guests to sit cross-legged and for those to perform the ‘pencak silat’.
Nowadays those gifts are replaced by giving cash and camps and feasts are done
by caterers. The hosts have not enough man power to do all these chores and
some have their weddings done in big halls, hotels and restaurants, because of
the hazards of not having adequate parking spaces. Those of my Dusun kin
weddings are also done in similar manner. For all intends and purposes weddings
and ‘kenduri’ are opportunities to get together especially for the elders and
to pay respect to the newlyweds. Perhaps tying the knot and starting a family
will be a challenge for those after my generation and we have to I should say
change the expensive traditions by limiting the presentations and feasts.
Simplicity is always better and favourable in Islamic practice.
Episode 7: The Karim Estate: Lessons to Learn
It has been almost three years, ever since I took
up the works of clearing the inheritance to the properties left by my dear late
mother Hajah Halimah Bte. Hj. Abdul Rahman. Hj. Abdul Rahman or Hj. Abdul Raman
or Hj. Drahman was of the same person and should not be confused with Hj.
Durahman (his cousin). However, she also inherited properties left by her late
eldest brother Hj. Abdul Karim bin Hj Drahman. In Tawau the old guards will
always remember of the late Hj. Karim and knew him to be ‘Karim kaya’, because
of his properties mostly inherited from his late father Hj. Drahman bin Hamzah.
The Chinese called the place where he used to live (presently the site of the
Tawau High Court) as Karim Pah, and the British (as we were once under the
British colony) called it Karim Estate and the locals (Bruneians and what not)
called it Kampung Karim. Today, nothing or not a square foot of his property is
left in that area, which is commonly, called Fajar. I assumed here that the
estate referred to the summation of the total properties he owned or under his
control through inheritance, purchased or application of state lands.
His
late father Hj. Drahman @ Hj. Abdul Rahman @ Hj. Abdul Raman bin Hamzah as I was
told once worked in the Land Office during the colonial times. During the early
1900s Tawau was perhaps not as populated as now, and lands were available and
being in the Land Office could aquired some, even in Sandakan and Pulau
Tanbisan but the land in Pulau Tambisan is left over specifically to the
decendents of his son (from his other wife) Hj. Ibrahim bin Hj. Drahman, and we
are forbidden to claim inheritance.
My
late uncle Hj. Karim at the time of his death in 1975 left behind inherited
properties worth some RM4.0 million with some liabilities, but having no direct
decedent as in accordance with the Syariah law, the inherited properties and
liabilities (debts) were to be shared among his late wife Hajah Sitti Bte
Naning and also together with his brother and sisters and his still surviving
mother Hajah Hapipah Bte Dagul who later passed away in 1981, while I was still
in my senior year at Indiana Institute of Technology in Fort Wayne Indiana. It
was a big Estate and not any of my late mother’s sisters, sister in-law and
uncle were literate enough to understand the Syariah and civil law, let alone
having any idea of the corporate mechanism. There was not much cash, except
some loans and mortgages, and his minority interest represented by 40 percent
shares he owned in Fajar Enterprise Sdn. Bhd., a property developer. The
appointed administrators were Datuk Hj. Kassim bin Kamidin and my cousin Pg.
Hassim bin Pg. Ibrahim. All had passed away, including the heirs, and we are
now the third generation from my late grandpa.
Time
passed quickly, the cruel Estate Duty as imposed by the Department of Inland
Revenue had a compounded impact and the total amount finally imposed almost
closed to RM 2 Million. Finally in the late 1984 a meeting was called by the
late administrator Datuk Hj. Kassim Bin Hj. Kamidin, to discuss the issues
pertaining to the inheritance and of course the focus was to settle the debts
and liabilities especially with regards to the Estate Duty. There were not much
cash, and I representing my mother pointed out my late uncle share in Fajar
Enterprise Sdn. Bhd. could be disposed to Malaysians Mosaics, a company used by
Hap Seng Sdn. Bhd. as a conduit to enter into the Malaysians Stock Exchange, as
the strategy to get more funds in order to grow into a giant. Those were what I
was trained for, but nobody trusted (to this day) or gives me a chance. The
administrators were given the task to negotiate with Hap Seng on the disposal
of my late uncle shares in Fajar Enterprise Sdn. Bhd. Then came to the issue of
the heirs who wanted to dispose their part from the inheritance. My late uncle
Hj. Abdul Hamid and my mother’s eldest sister Hjh Salamah voiced out their
willingness. I said “Dont sell” and I was scolded, to the point that it could
blow up. I further uttered, “Let’s see who have the last laugh”, living them.
All
of those attending the meeting had since passed away, and I am the only
surviving member having a fair knowledge of the properties. There were talks
and fingers pointing at me especially accusing me of misappropriation with
regards to rental collections of partially rented land in Lopak Meluas, Jalan
Lama Batu Sapi Sandakan. The main accusers, my aunty Hjh Sitti binti Naning and
my late cousin Hj Shahabuddin bin Abdullah and others who had since passed
away. After more than twenty five years, these inherited properties (now
inherited by the third and forth generations) come back before me and
reluctantly I have to sort, solve and pass them away. The talks and fingers
pointing at me once again emerged and more frequents ever since they started.
Lessons from the past had not been learned perhaps, as I wrote before due to
greed and unchanged genetic attitudes and styles, and they never grow up. Throughout this episode, i observed that my relatives are practicing synonymous to the Malay proverbs of, "kau punya, saya punya dan saya punya, saya punya", and "Lempar batu sembunyi tangan". Both these practices are however not favoured in Islamic practices.
At
this point in time, I could no longer build an immune system, let alone
counter, absorbed or take advantage (not my way). The only good point is, this
episode is almost over and as I see it, my brothers and sister together with my
cousins, nephews and nieces and those related and concerned will be laughing as
they get their rights and shares of the inherited properties. I become no
richer accept richer in the sense that most of my children are grown ups and
graduated from their universities. I do not seek recognition, glory, nor
sympathy, and not even thanks or understanding; it’s just part of the job.
History as I said and wrote before tends to repeat, and I will end this episode
by saying, “They can say what they want of me, it is their right. Whether what they
said is true or not it’s not of my concern, as I am no judge nor will I offer
any defense. I could always forgive but never forget. As this episode end I
withdraw without any tears shed and so will my descendents until the fifth in
the line, as thus”, I said.
It
would not be a complete writing if I do not touch on several sensitive
inherited properties and up to now remain unclaimed by the descendents and
rather messy to solve and these properties are interrelated to that of the
Karim Estate, after all they came from the same source specifically land under
titles CL 075150364, TL 107502116, NT 103013181 and NT 103016806. Among the
co-owners of land under the titles CL 075150364 are Hjh. Lauyah Bte. Hj.
Drahman (3/28), Hjh. Aisah Bte. Hj. Drahman (3/28), Hjh. Ainun Bte. Hj. Drahman
(1/14) and Hjh. Siti Bte Naning I/C 80189815 (5/140). Both Hjh. Siti Bte.
Naning and Hjh Ainun Bte. Hj Drahman are also among co-owners of land held
among the titles TL 107502116 and under title 107504549 while, Hjh. Ainun's dencendents
also have partial claim on lands under title NT 103013181 and NT 1030168606.
Hjh.
Lauyah and Hjh. Aisah are sisters who come from the same mother (Hjh. Patamah),
but Hjh. Aisah have no direct descendent; the direct living descendent of Hjh.
Lauyah is my cousin Hjh. Kee Zainah bte. Kee Siddik. The other indirect
descendants are those of Hjh. Lauyah’s sister Khadijah. They are Hj. Pg. Patra
and the late Pg. Hasshim bin Pg. Ibrahim. Kee Ghani bin Kee Siddik was also a
direct descendant but passed away earlier than his mother the late Hjh. Lauyah.
His late younger brother Kee Abdul Fatah was also a direct descendant together
with his present wife Hjh. Monah Bte. Abdullah and their siblings. The
inheritance claims of both properties of Hjh. Lauyah and Hjh. Aisah in my
opinion could be instigated by Hjh. Zainah or the wife of Kee Abdul Fatah and
or by their siblings and if without any quarrel could be solved easily.
Hjh.
Ainun bte. Hj. Drahman passed away on 22.03.2005 also left inherited properties
to be claimed by her descendants but she had no direct descendant. Her only son
Abdullah Sani bin Datuk Hj. Jaafar passed away on 23.09.1998, much earlier than
his mother Hjh. Ainun. The late Abdullah Sani had six siblings from three
different wives, namely: Katrina (English or Canadian decent) with daughters
Noreen and Sonia: Saadiah Bte. Rusly with children Jason Jafar and Julia Ainun
Jafar: and Hamidah Bte. Ahmad Marzuki with children Siti Sifah and Muhammad
Hafiz Iskandar. There are basically two versions in this case with regards to
inheritance according to the Syariah that are being practiced. First, there is
a cut off in the inheritance because Abdullah Sani passed earlier than his
mother and therefore all inherited properties goes back to his late mother’s
brother and sisters and or to the surviving direct descendant (and descendants thereafter);
Second, since Abdullah Sani had two surviving sons namely Jason Jaafar and
Mohammad Hafiz Iskandar, then according to this version there is a form of
continuity to the descendants of Hjh. Ainun and therefore all her properties
could be distributed accordingly. The interpretations of this part of the
Syariah law is left to the presiding Judge. Despite these versions in my opinion
the descendants direct or otherwise, of Hjh. Ainun should be given due
considerations and a settlement should be made without quarrel and greed as all
families have their own shares from the inherited properties. The basic Syariah
law also includes the well being of other descendants (direct or indirect) as
those who have must also take care of the unfortunates and those in due needs.
On the other point Hjh. Ainun had two other adopted daughters namely of the
late Jamilah whose direct descendants among others Sharifah Jainifah bte Syed
Mustafa; and Hjh. Khariti who have three daughters. In Syariah law no
consideration is given to inherited rights for adopted children but in my
opinion, it should be left to be decided by the rightful heirs as these adopted
children have become part of the family and they must not be made as outcasts
and unbecoming to do so. Simple case should not be made complicated and messy
as it defeats the purpose. While on the questions of citizenship and religion I
am on the opinion that Sonia and Noreen should be given some considerations and
also as they are my nieces by blood. Let’s not greed be a determining factor,
the easy way to handle this, the direct or indirect descendants including the
adopted should open up and after inheritance claims set up a corporate, or a
cooperative or a trustee where all ownerships are transferred to and managed
thereafter which will look into the income distributions, inheritance and well
being and ‘Ibadah’. This I think should apply to all co-owners, and to the
descendants of the properties. Presently, the Syariah court order could not be
enforced due to technicalities; and I suggest here that an application by the
eldest should be made to the Syariah court for ‘Wali Harta’ (Administrators)
and thereafter a Trustee to be set up and assigned to administer and manage,
for all properties inherited through Hjh. Ainun.
I
could not left out the case of Hjh. Siti bte Naning as her name appeared in the
titles also. Hjh. Siti the late wife of my uncle Hj. Abdul Karim has no direct
descendant. The closest is Hjh. Suleha bte Hj. Abdul Karim, she is however
adopted from Hjh. Siti’s brother. Her surname may be different and confusing,
but it does not matter and to my opinion she has a rightful claim and should
not be left out. She could be reluctant to file claims due to her respect for
the other adopted children of Hjh. Siti and Hj. Abdul Karim, but a solution
must be reached. While I respect her stand to award as ‘wakaf’ and let the
Baitumal eventually takes over on the properties left behind by the late Hjh.
Siti, I think it is not going to solve matters and it is not in the practice of
Syariah law, as ‘Sabda Rasullah’ a third is more than sufficient to award as
‘wakaf’. The solution with regards of her intention to do ‘wakaf’ could be
considered with my intentions, as well as the wishes of other family members to
do ‘wakaf’ but she must first agreed to filling inheritance claims on the
properties left behind by the late Hjh. Siti bte Naning. Then the proceeds and
the properties could be apportioned accordingly in a modus operandi manner,
without hurting the feelings or stands of all concern adopted children.
While
on the issue of ‘wakaf’, I am incline to stick to our Prophet Mohammad ‘Sabda’,
that is to award no more than a third of the property to be a ‘wakaf’. In
relation to properties, one must make a ‘zakat’ payment and be generous
(bersedekah). So I take the opportunity here, that it is, My intention to
‘wakaf’ part of what I inherited from my mother’s and from that of my
grandma’s. For all intends and purposes, I hereby ‘wakaf’ partially (a third),
of whatever part I inherited from the lands what so ever at mile 2, Jalan Apas.
This together for my partial part as I inherited, from that of from my
grandma’s house in mile 2 Apas Road, and as such as the house was not ever
registered with ownership, but an existing registered (the house now
demolished) in the name of Hj. Abdul Karim could be transferred and used. This
present house together with the part land measuring 4,000 square feet more or
less than could be ‘wakaf’ as a whole, as a ‘madarasah’ where teachings of
Islam can be taught (this subject will be dealt later). This then could solve
the issue of ‘zakat; and to the future generations as a token of our way, and
as a remembrance to our roots (of the names of Hj. Drahman, Hj. Abdul Rahman,
Hjh. Hapipah, Hj. Abdul Karim, Hjh. Siti, Hjh Halimah and all other ancestors).
The
Syariah law is quite crystal clear and it gives few options, but to go beyond
that we are using our own laws, and to my opinion inconsistent with Islamic teachings
and practices as that I must admit I am not that expert nor a very religious or
a good man by any standard. In relation to this I am reluctant to receive any
proceeds from rentals of the land in Lopak Meluas, Jalan Lama Batu Sapi
Sandakan; for fear that I may receive that of others who should be the rightful
heirs. That I cannot tolerate nor allow myself to do so, neither is my
intention to stop others who have a right. The Ringgit should not be made as
our master, after all it is just only money, there are others who have none or
very little but yet better than, in most ways. I am not being skeptical, but
let us be opened. My thinking is, greed and envy lead to a disease. Perhaps my
common saying with regards to the weaknesses of mankind, “manusia ini, ada dua
kelemahan; bila tiada duit (Ringgit) cari duit; bila dapat duit, kumpul
banyak-banyak; lepas itu dapat kuasa; saudara pun terlupa jauh lagi kawan”, is
relevant.
1.
So after long tedious works, the
recent concluded Syariah court case (20.08.2013) on inheritance claims of that
of my grandma Hjh. Hapipah's properties is somewhat a test case, of which I am
the main applicant and on behalf of the families. The inherited properties are
namely: 1. Double story terrace house under title CL 105331575. 2. Partial land
and dwelling house under title NT 13038 and 3. Partial, land and (1/14 share)
under title CL 075150304. There are four families involved namely: 1.
descendants of Hj. Abdul Hamid (2/5 share), 2. Descendants of Hjh. Salamah (1/5
share), 3. descendants of Hjh. Ainun (1/5 share), 4. Descendants of Hjh Halimah
(1/5 share).
The
oral judgement as made by the presiding judge the descendants of the families
to be awarded accordingly Syariah law are:
1.
Hjh. Salamah binte Haji Drahman (1/5 share)
2.
Hjh. Ainun binti Hj. Drahman (all
six grandchildren) (1/5 share)
3.
Hjh. Halimah binte Hj. Drahman
(1/5 shares)
4.
Hj. Hamid bin Hj. Drahman (2/5
shares)
However,
grandchildren from her first marriage of her late daughter Jamayah Goh
Abdullah; Masnah and Zaini bin Mouzzni were excluded from the inheritances. The
question is how to handle these cousins and their descendants? Being the main
applicant and the properties have so many co-owners, the distributions could be
handle in the following manner:
1.(i) dwelling house (NT:3038)
more or less be 'wakaf' as madarasah and to be hold under a trustee; as I have
already 'wakaf the land on which it is built.
(ii) the remaining lands inherited is to be distributed
accordingly.
2. dwelling house (terrace
house) as under title CL 105331516 to be hold under trustee (together with
'wakaf' of madarasah); partial rental proceeds (1/3) and to be agreed together
with public donations will be used to finance the running of the madarasah.
3. the partial part as to be
distributed to the descendants of Hjh. Ainun binti Hj. Drahman namely the six
grandchildren and their descendants thereof should be held and managed
(eventually distributed) by this trustee until such time as to be claimed by
the heirs.
I leave the formation of this
Trustee to the eldest and the representatives of each family.
Not withstanding, I hereby
assigned whatever I inherited from by late mother to be held as 'Al-Wadiah'
whatever lands or other properties including proceeds from sale of land
(CL105240640) to my eldest brother Halid @ Abdul Halid bin Basman I/C
510815-12-5593. the exception is part of the land inherited from by mother
under title NT 13038, meaning 4,000 square feet more or less is to be as given
to the family of Hjh. Zainun binti Wahab as 'Al-qard. This 'Al-wadiah' unless
held by a corporate body, is to be returned, or to be decided on the disposal
by thereafter by my fifth descendants.
With reference to the 'wakaf' as
my intention and mentioned, the following must be applied:
(1) my inherited part of the
dwelling house (NT 13038 mile 2 Apas Road) from my grandma to be a madrasah, or
alternatively my relevant proceeds from rental thereof (until such time the
house is no longer rented) should be held under 'Al-wadiah' together with other
rental proceeds that I inherit from my grandma under this title land and others
and to be held by Syed Alwi bin Syed Salim (and his descendants thereafter).
Accordingly, to my calculations my share (2/7 of 1/5) and on the inherited land
about 4,270.9 soft more or less, and so the land on which my grandma's house is
built, I set aside as 'wakaf' for a madarasah. This is my 'Amanah' to Syed Alwi
bin Syed Salim (and his descendants thereafter), as thus. On the descendants of
Tuah Jaamayah Goh @ Abdullah; Dayang Maznah and Zaini bin Mouzni 1/3 (1/3 of
2/7 of 1/5 of 1/14) of the land I inherit from my grandma's in under title CL
075150304 be held as under Trustee of the 'wakaf' and together with whatever
proceeds from rentals and the partial (1/3 of 2/7 of 1/5 of 1/14 share) to be
awarded and distributed to them. So as the saying goes “let’s hope all goes
well and move forward”.
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