Islamic Finance Cases

More documents

Recommendations

Info

Held: Dato’ Mohamad Zawawi Salleh: 1. The practice of the civil court referring question on Islamic law to Islamic authorities is not new. 2. The jurisdiction falls under the civil court jurisdiction. Law relating to finance. 3. No retrospective effect.
Cont… The issue of whether the facility is Shariah compliant or not is only one of the issues to be decided by the court. And although the ascertainment of Islamic law as made by the SAC will be binding on the court as per the Impugned Provisions, it will be up to the court to apply the ascertained law to the facts of the case. The court still has to decide the ultimate issues which have been pleaded. Consequently, the final decision remains with the court.
Page 1 and 2: Islamic Law of Banking and Takaful
Page 3 and 4: 1987-2002 Tinta Press Sdn Berh
Page 5 and 6: 2003-2007 2007 Bank Kerjasama Rakya
Page 7 and 8: Arab Malaysian Merchant Bank v Silv
Page 9 and 10: Observation In the second phase, t
Page 11 and 12: 2008-2011 2011 Bank Kerjasama Rakya
Page 13 and 14: Arab Malaysian Finance Bhd v Taman
Page 15 and 16: Case analysis In BBA facility, the
Page 17 and 18: 2. In addition, the court also ment
Page 19 and 20: 4. The true nature of contracts and
Page 21 and 22: Bank Islam Malaysia Berhad v. Lim K
Page 23: Mohd Alias Ibrahim v RHB Bank Bhd a
Page 27 and 28: Obiter To ignore the functions of

Islamic Finance Cases

Create successful ePaper yourself

Delete template?

Save as template?