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LATEST CASES

TAN SRI DATO' DR ROZALI ISMAIL v. KETUA PENGARAH/ KETUA HAKIM SYARIE, JABATAN KEHAKIMAN SYARIAH MALAYSIA & ANOR
HIGH COURT MALAYA, KUALA LUMPUR
WAN AHMAD FARID WAN SALLEH J
[JUDICIAL REVIEW NO: WA-25-248-07-2021]
21 JANUARY 2022

ADMINISTRATIVE LAW: Judicial review - Leave - Application for - Application to quash Jabatan Kehakiman Syariah Malaysia's decision in refusing to direct judge to take conduct of continued trial of nusyuz summons - Whether decision made on question of Islamic law - Whether application went against art. 121(1A) of Federal Constitution - Whether decision administrative decision based on s. 128 of Syariah Court Civil Procedure (Federal Territories) Act 1998 - Whether there was element of public law - Whether there was infringement of applicant's constitutional right to fair trial - Whether issues to be determined at leave stage - Whether application frivolous

 

 

ARTICLE
MORATORIUM FROM THE PERSPECTIVE OF MAQASID ALSHARIAH
The moratorium term began to be widely used and understood by the public when Bank Negara Malaysia (BNM) announced the issuance of a six-month moratorium for bank borrowers starting 1 April 2020 following the COVID-19 crisis. The issuance of the moratorium was implemented long ago by the banks in Malaysia, only it was not advertised in public and was more on a case-to-case basis. In general, the moratorium is the deferral of repayment of loan/financing instalments due to urgent factors that disallow the debtor to make usual payments. This paper discusses the repayment moratorium from the perspective of Maqasid al-Shariah and recommendations that can be improved for the interest (maslahah) of all parties.
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LEGISLATION UPDATE