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Harmonizing Civil Litigation with Syariah Litigation in Islamic Banking: Malaysian Experience

Ayub, Zainal Amin and Hussain, Mohammad Azam and Hj. Ahmad Shariff, Nurretina and Ali, Hassan (2007) Harmonizing Civil Litigation with Syariah Litigation in Islamic Banking: Malaysian Experience. Current Law Journal, 2. ix-xxxvi. ISSN 0127-0699

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Abstract

Islamic banking in Malaysia is very well established and accepted by consumers both Muslim and non-Muslim. Nevertheless matters concerning Islamic banking jurisprudence come under the ambit of the civil courts in Malaysia and not under the Syariah court system. This was established in the case of Bank Islam Malaysia Berhad v. Adnan Omar [1993] 3 CLJ 735. This article is based on a study which sought to examine the views of Syariah lawyers, Syariah court judges as well as members of the Advisory Board of Islamic Banks in Malaysia as to whether civil litigation is in harmony with Syariah in Islamic banking in Malaysia. The study also examines the views of the eminent minds as to some of the structural problem within the Syariah system in Malaysia concerning the adoption of Syariah in Islamic banking litigation

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: College of Law, Government and International Studies
Depositing User: Mdm. Sarkina Mat Saad @ Shaari
Date Deposited: 22 Jul 2024 11:45
Last Modified: 22 Jul 2024 11:45
URI: https://repo.uum.edu.my/id/eprint/31124

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