Dilemma of Siti & Zaki

Marriage Fallacy

Rumours continue to work on the affair of Siti Nurhaliza Taruddin and the mysterious Datuk K. Siti denied any affair with the businessman. “The gossip is totally untrue. The fact is that there is no affair between us,” she said.

Berita Harian reported that there were stories about a RM3mil bungalow gift for Siti, and that the “couple” were supposedly getting married by end of the year. Although “a source close to Datuk K” has stated that there would be no marriage, people continued to ask about Datuk K's identity and his age.

In another event, three months ago, prominent lawyer Tan Sri Zaki Azmi took a second wife quietly in a ceremony in Perlis. Zaki, 60, and Nor Hayati Yahaya, 32, agreed to burn the original marriage certificate to hide the marriage from his first wife.

They also reached an agreement before the marriage that if the relationship soured, they would let each other go. The relationship unravelled on July 10. After disagreements, he divorced her on that day. Since then, Nor Hayati allegedly demanded RM10 million as compensation and urged him to register their marriage. Failing which, she allegedly threatened to smear Zaki’s reputation.

The Umno disciplinary committee deputy chairman is now seeking a declaration from the Lower Syariah Court here that his second marriage is null and void. In his statement of claim filed on July 26, Zaki said that Nor Hayati and he were married in May this year in a ceremony presided by a kadi from Thailand. After the ceremony, both the newly-weds signed a form, which was written in Jawi and Thai. He sought legal advice after the divorce and was told that his marriage may not have been legal under the local Syarak and Syariah law.The 59th Federal Territory Consultative meeting states that a marriage performed by a Thai kadi outside his jurisdiction in Thailand is considered void.

Zaki ia a prominent lawyer. He should know that the marriage is null and void, yet he went ahead with the marriage in full knowledge, and fully conscious of the violation of the rule of law. By so doing, will the court consider the doctrine of Promissory Estoppel to stop him from denying the promise? Syariah law may differ from common law, but laws are made to serve justice and to protect people; not to allow delinquent to abuse it. There is a price to pay and Zaki must respect the rule of law, rightly or wrongly perceived.

Siti may have a different scenario. She can continue to negotiate for a better deal, and the offer and acceptance are not yet conclusive; therefore no contract has been made. Even if the bungalow is given, it is construed as a gift and can constitute a non-refundable tender bond to negotiate a contract. Siti may not be a lawyer, but she surely knows her rights and privileges better than the lawyer. She does not need the NEP and APs. She has her competitive assets to dictate negotiations. Probably Khairy may be suitable for her...if only.......(midsummer night dream comes awakened.)