The establishment of muamalah court in Malaysia: an overview of issues and challenges
ABSTRACT The blueprint for the establishment of SharÊÑah commercial court in judicial system that addresses legal issues related to Islamic banking and takaful has been included in the Financial Sector Master Plan 2001-2010. The judicial and legal department has taken proactive steps by establ...
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| Format: | Article |
| Language: | English |
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International Islamic University Malaysia
2011
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| Online Access: | http://irep.iium.edu.my/36435/ http://irep.iium.edu.my/36435/1/Muamalat_Court-IIUMLJ_SEd.pdf |
| Summary: | ABSTRACT
The blueprint for the establishment of SharÊÑah
commercial court in judicial system that addresses
legal issues related to Islamic banking and takaful
has been included in the Financial Sector Master
Plan 2001-2010. The judicial and legal department
has taken proactive steps by establishing a special
division under the civil court to deal with Islamic
banking and financial matters based on the Arahan
Amalan No. 1/2003 issued by Chief Justice, Dato’
Haidar Mohd Nor. Since 2003, muÑÉmalÉt cases
have been registered in the High Court -
Commercial Division 4. The specialized Muamalah
Court began operation in February 2009 in High
Court of Kuala Lumpur. This paper will trace the
1 LL.B(Hons), LL.M, PhD (IIUM), Associate Prof., AIKOL, International
Islamic University Malaysia.
2 Lecturer, College of Law, Government & International Studies,
Universiti Utara Malaysia, 06010 UUM, Sintok, Kedah Darul Aman.
Currently, Ph.D candidate, Institute of Islamic Banking and Finance
(IIBF), International Islamic University Malaysia.
(2011) IIUMLJ SEd 119
120 IIUMLJ SPECIAL EDITION DEC 2011
origin, structure and function of the Muamalah
Court and will seek to highlight the issues and
challenges ahead.
Keywords: Islamic financial system, Malaysia courts system, civil court,
shari’ah court, muamalah court. |
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