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LATEST CASES

AZRI AMIN v. KETUA PEGAWAI EKSEKUTIF MAJLIS AGAMA ISLAM DAN ADAT MELAYU PERAK & ANOR
HIGH COURT MALAYA, TAIPING
NOOR RUWENA MD NURDIN JC
[ORIGINATING SUMMONS NO: AB-24NCvC-173-09-2022]
19 SEPTEMBER 2023

CONSTITUTIONAL LAW: Jurisdiction - Civil court - Validity of conversion - Issue of whether individual's conversion to Islam null and void - Whether status of conversion fell within exclusive jurisdiction of Syariah Court
CIVIL PROCEDURE: Striking out - Originating summons - Originating summons seeking declaration that individual's conversion to Islam null and void - Whether status of conversion fell within exclusive jurisdiction of Syariah Court and not civil court - Whether action sustainable - Whether abuse of court process - Whether proper case to be struck out - Rules of Court 2012, O. 18 r. 19(1)
ISLAMIC LAW: Conversion - Validity - Issue of whether individual's conversion to Islam null and void - Whether status of conversion fell within exclusive jurisdiction of Syariah Court and not civil court

 

 

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