The Faraid Certificate is enforceable in civil court, but plaintiffs' claims were dismissed as statute-barred and lacking a valid cause of action against the defendant.

Preliminary

[1] The fate of Flight MH17 was tragic. As a nation, we were all affected by MH17's tragedy. A number of other nations were also affected. 298 souls were murdered.

[2] The tragedy involving MH17 is the impetus for the action before me. It tells the story of a dispute between three members of the family of a victim who died in the tragedy. They are parties to this civil suit. A son's mother died, a father's daughter died and a newlywed husband who had been married for just over a year, lost his wife. The current dispute has unfortunately prolonged the closure of all parties involved.

[3] In this suit, the plaintiffs seek the balance of compensation sum of RM600,000.00 as well as accruing interest paid by Malaysian Airline System Bhd ("MAS") in consequence of the victim's death in the MH17 tragedy. The defendant, who has already received RM200,000.00 out of the RM800,000.00 compensation sum, claims that the entire amount is his. This is the judgment I am rendering after the trial.

An Overview Of The Facts

[4] As a result of the tragedy, one Mastura Mustafa lost her life.

[5] The late Mastura Mustafa ("the deceased") was travelling from Amsterdam Airport Schiphol, Netherlands, to Kuala Lumpur International Airport, Malaysia, on the fateful date of 17 July 2014. The deceased was one of fifteen cabin crew members aboard Malaysian Airlines Flight MH17 which carried 283 passengers. In tragic circumstances, the flight was never able to reach its destination. As the aircraft was flying over Eastern Ukraine, the Boeing 777- 200ER with the registration mark 9M-MRD was shot down by a surface-to-air missile resulting in the deaths of all those on board.

[6] This case involves several parties that need to be identified.

[7] The 1st plaintiff is the deceased's ex-husband. Their marriage resulted in the birth of a son on 17 June 2004. The son's name is Muhammad Muhriz Marzaidi ("the child"). The 1st plaintiff and the deceased divorced on 9 January 2013.

[8] The 1st plaintiff ("PW1") is suing in his capacity as a next friend and guardian of the child as well as in his capacity as litigation representative under an ex parte Order issued by the Ipoh High Court on 15 May 2019 in Originating Summons No AA-24NCvC-188- 05/2019. The child was 15 years old when the action was filed on 29 August 2019. When this trial was taking place, the child had turned 18. Based on the testimony of PW1, the intent behind this action is to protect the child's rights and interests as a lawful son of the deceased in regard to the child's rightful share of the compensation sum based on the Faraid Certificate issued by the Negeri Sembilan Sharia High Court on 5 February 2015 ("Faraid Certificate").

[9] Originally, the 2nd plaintiff was Mustafa Ab Samad, the deceased's father. Following his death on 20 August 2020, the writ and statement of claim w