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Islamic Banking In Malaysia: Cases & Commentaries is out now. Order yours today. Contact priority@cljlaw.asia for info.

 

CASES HIGHLIGHTS

A CHILD & ORS v. JABATAN PENDAFTARAN NEGARA & ORS
COURT OF APPEAL, PUTRAJAYA
TENGKU MAIMUN TUAN MAT JCA, ABDUL RAHMAN SEBLI JCA, ZALEHA YUSOF JCA
[CIVIL APPEAL NO: W-01(A)-365-09-2016]
25 JULY 2017

ADMINISTRATIVE LAW: Exercise of administrative powers - Judicial review - Application for - Whether Director General of National Registration has power under Births and Deaths Registration Act 1957 ('BDRA') to ascribe patronymic surname 'bin Abdullah' to illegitimate Muslim child - Entry of illegitimate child's surname in register pursuant to s. 13 of BDRA - Father applied to use his name as child's surname - Whether requirements under s. 13A(2) of BDRA fulfilled - Whether entry of surname 'Abdullah' in child's birth certificate a clear error of fact and substance within meaning of s. 27(3) of BDRA - Whether a requirement of law that birth certificate of illegitimate child must be endorsed with s. 13 information - Whether Director General's decision to make impugned entries in child's birth certificate unauthorised by law - Whether Director General acted outside scope of power and in excess of his jurisdiction

ADMINISTRATIVE LAW: Remedies - Judicial review - Application for - Whether Director General of National Registration has power under Births and Deaths Registration Act 1957 ('BRDA') to ascribe patronymic surname 'bin Abdullah' to illegitimate Muslim child - Muslim child born less than six months from date of parents' marriage - Whether fatwa stating that illegitimate child cannot be surnamed to the father could be used as a source of legal authority for the purpose of determining an illegitimate child's surname under s. 13A(2) of BDRA - Whether fatwa or religious edict issued by religious body has force of law - Whether there was basis to invoke religious element in decision making process - Whether Director General acted outside scope of power and in excess of his jurisdiction

CHILDREN: Illegitimate child - Ascription - Muslim child born less than six months from date of parents' marriage - Entry of illegitimate child's surname in register pursuant to s. 13 of Births and Deaths Registration Act 1957 ('BDRA') - Father applied to use his name as child's surname - Whether requirements under s. 13A(2) of BDRA fulfilled - Director General of National Registration rejected father's application and ascribed patronymic surname 'bin Abdullah' to child - Whether Director General has power to do so - Whether entry of surname 'Abdullah' in child's birth certificate a clear error of fact and substance within meaning of s. 27(3) of BDRA - Whether a requirement of law that birth certificate of illegitimate child must be endorsed with s. 13 information - Whether fatwa stating that illegitimate child cannot be surnamed to the father could be used as a source of legal authority for the purpose of determining an illegitimate child's surname under s. 13A(2) of BDRA - Whether there was basis to invoke religious element in decision making process - Whether father has statutory right to have his name ascribed as child's surname in birth certificate - Whether Director General acted outside scope of power and in excess of his jurisdiction

MAYBANK ISLAMIC BHD v. M-IO BUILDERS SDN BHD & ANOR
COURT OF APPEAL, PUTRAJAYA
ABDUL AZIZ ABDUL RAHIM JCA;   ROHANA YUSUF JCA;   HAMID SULTAN ABU BACKER JCA
[CIVIL APPEAL NO: W-02(MUA)(W)-1595-09-2014]
17 MAY 2016

BANKING: Banks and banking business - Islamic banking - Murabahah overdraft facility ('MOD facility') - Purchase and resale of same assets - Whether agreement complied with murabahah concept of financing - Whether purchase and resale of same assets prohibited under Syariah principal of financing - Whether facility null and void - Whether claim for ta'widh justified 

ARTICLE

SHAYKH SALEH AL-FAWZAN’S FATWA ON ‘ALL-YOU-CAN EAT’ BUFFETS FROM AN ETHICAL PERSPECTIVE*
by: MOHAMMED FARID ALI

Food is one of the basic needs of people, but the question arises: is it the food which people love, or their eating habits they developed through time? The mixed-reaction of people on social media, when Shaykh Saleh al-Fawzan’s fatwa concerning buffet dining came on Al Arabiyah (13 March, 2014)[1] shows that eating habits have become a matter of great sensitivity. Any type of restriction or limitation to one’s eating habit is tantamount to someone infringing on one’s personal choices.

* Published with kind permission of the International Institute of Advanced Islamic Studies (IAIS) Malaysia. Also published in New Straits Times on 20 May-June 2014. (www.iais.org.my). Read Article →

 


  1. SHAYKH SALEH AL-FAWZAN’S FATWA ON ‘ALL-YOU-CAN EAT’ BUFFETS FROM AN ETHICAL PERSPECTIVE* MOHAMMED FARID ALI
  2. RIGHTS OF PARENTS TO MAINTENANCE UNDER SHARIAH LAW IN MALAYSIA MUHAMMAD NOR BIN ABDURRAHIM, AMILIA BINTI SAIDIN, MOHAMED ISHAK ABDUL HAMID
  3. LANDMARK PERLIS FATWA OKAYS NON-MUSLIM CUSTODY
  4. PRACTISING WELL: THE CRUCIAL ROLE OF EMOTIONS* HUGH NORRISS**
  5. EFFECTIVE PRACTICE: MEANWHILE, ON THE INTERNET… RICHARD SUSSKIND
  6. IN-HOUSE: SWINGING DOORS - THE INCREASING ABILITY TO CHANGE FIELDS* RACHAEL BRECKON
  7. PRACTISING WELL HOW OUR MIND SETS CAN AFFECT OUR MENTAL HEALTH* HUGH NORRISS**
  8. DEPUTY GOVERNORS KEYNOTE ADDRESS AT THE LAUNCH OF ISLAMIC FINANCE COUNTRY REPORT FOR MALAYSIA 2015
  9. POTENTIAL FAIR TRADING ACT LIABILITY FOR WEBSITE MATERIAL* JOHN LAND
  10. LISTENING TO THE OTHER SIDE: LAWYERS IN ADR* RACHAEL BRECKON
  11. SEEKING A JUST AND FAIR SHARE FOR ALL SHAHANAAZ HABIB
  12. THE REALISATION OF THE PRINCIPLE OF MAQASID AL-SHARIAH IN ISLAMIC BANKING AND FINANCIAL SYSTEM JASRI JAMAL, HAIZUM HAMDAN
  13. TRANSGENDERS AND JUSTICE IN ISLAM MOHAMMAD HASHIM KAMALI
  14. ISLAMIC FINANCE GOES GLOBAL, BUT MALAYSIA STILL LEADS THE WAY THECONVERSATION.COM
  15. THE ABSENCE OF ISLAM IN ARAB SPRING MOHAMMAD HASHIM KAMALI
  16. ‘ALLAH’ IN THE QUR’AN AND SCHOLASTIC THEOLOGY MOHAMMAD HASHIM KAMALI
  17. ISLAM PROHIBITS ALL FORMS OF CORRUPTION MOHAMMAD HASHIM KAMALI
  18. FOCUS ON SAVING THE LIFE OF THE FOUNDLING ERIC WINKEL
  19. SCHOLAR FEES TARGETED BY REGULATORS: ISLAMIC FINANCE LIAU Y-SING
  20. WHAT MAKES THE MUSLIM LEADER MOHAMMAD HASHIM KAMALI
  21. WINDS OF CHANGE SWEEP THE ARAB WORLD
    A NEW GENERATION FINDS ITS VOICE & AUTHORITARIAN REGIMES CRUMBLE
    KARIM DOUGLAS CROW
  22. SYARIAH STAND ON ABANDONED CHILDREN MOHAMMAD HASHIM KAMALI
  23. ISLAM’S VIEWS ON SORCERY, BLACK MAGIC MOHAMMAD HASHIM KAMALI
  24. WINDS OF CHANGE SWEEP THE ARAB WORLD
    A NEW GENERATION FINDS ITS VOICE & AUTHORITARIAN REGIMES CRUMBLE
    KARIM DOUGLAS CROW
  25. HUMAN DIGNITY IN ISLAM MOHAMMAD HASHIM KAMALI
  26. OF GOD'S MANY NAMES AND THE USE 'ALLAH' MOHAMMAD HASHIM KAMALI
  27. CIVILIAN AND DEMOCRATIC DIMENSIONS OF GOVERNANCE IN ISLAM MOHAMMAD HASHIM KAMALI
  28. ENVIRONMENTAL HEALTH AND WELFARE AS AN IMPORTANT ASPECT OF CIVILIZATIONAL ISLAM OSMAN BAKAR
LEGISLATION UPDATE