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LATEST CASES

ABDUL KAHAR AHMAD & ORS v. JABATAN AGAMA ISLAM SELANGOR & ORS
HIGH COURT MALAYA, KUALA LUMPUR
NOORIN BADARUDDIN J
[JUDICIAL REVIEW NO: WA-25-375-12-2020]
6 AUGUST 2022

ADMINISTRATIVE LAW: Judicial review - Jurisdiction - Detention under s. 23 of Syariah Criminal Procedure (State of Selangor) Enactment 2003 ('SCPE') - Matters relating to invalidation of s. 23 of SCPE and challenge against detention order on grounds of illegality, irrationality, improper procedure and disproportionality - Whether fell under constitutional and statutory judicial review - Whether civil court has jurisdiction to hear matter - Whether Syariah court have jurisdiction to hear matters relating to invalidation of law under constitutional juridical review
ADMINISTRATIVE LAW: Judicial review - Validity of legislation - Detention under s. 23 of Syariah Criminal Procedure (State of Selangor) Enactment 2003 ('SCPE') - Matters relating to invalidation of s. 23 of SCPE and challenge against detention order on grounds of illegality, irrationality, improper procedure and disproportionality - Whether timeless detention amounted to encroachment of fundamental liberty - Whether fundamental principle of presumption of innocence taken away - Whether imposition of bail and bond without being charged violated rights to livelihood and personal liberty - Whether order tainted with illegality, irrationality, improper procedure and disproportionality - Whether exercise of power under s. 23 of SCPE violated arts. 5 and 8 of Federal Constitution

 

 

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