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LATEST CASES

DAHLIA DHAIMA ABDULLAH v. MAJLIS AGAMA ISLAM SELANGOR & ANOTHER APPEAL
FEDERAL COURT, PUTRAJAYA
ABANG ISKANDAR PCA; MARY LIM FCJ; ABU BAKAR JAIS FCJ
[CIVIL APPEAL NOS: 01(f)-18-06-2023(B) & 01(f)-19-06-2023(B)]
3 MAY 2024

CONSTITUTIONAL LAW: Jurisdiction - Courts - Person not professing religion of Islam - Conversion to Islam at age of five by mother without consent of father but continued to practice Hindu religion - Syariah Courts declared that person still Muslim - Whether case of apostasy/renunciation - Whether ab initio case - Whether matter fell within jurisdiction of civil court/Syariah Court - Whether jurisdiction of civil court ousted - Whether person fits statutory definition of 'Muslim' - Federal Constitution, art. 121(1A)
ISLAMIC LAW: Conversion - Conversion to Islam - Validity - Person not professing religion of Islam - Conversion to Islam at age of five by mother without consent of father but continued to practice Hindu religion - Whether conversion valid - Whether there was proof of affirmative profession of religion of Islam - Administration of Islamic Law (Federal Territories) Act 1993, s. 2
STATUTORY INTERPRETATION: 'Muslim' - Administration of Islamic Law (Federal Territories) Act 1993, s. 2 - Whether definition concerns one's faith or identity under law - Whether person practices religion or not consideration in determining 'person professing the religion of Islam'1 OF 87

 

 

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