Methodology on the trend of underlying shariah contracts and legal disputes of decided Islamic banking cases in Malaysia
The general reflection of certainty and predictability in the decisions of the courts could be traced from the trend of decided Islamic Banking cases itself. Some studies highlighted the trend in decided Islamic Banking cases but not in detail, with a limited scope of discussion and did not cove...
| Main Authors: | , , , |
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| Format: | Article |
| Language: | English |
| Published: |
Blue Eyes Intelligence Engineering & Sciences Publication (BEIESP)
2019
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/77465/ http://irep.iium.edu.my/77465/ http://irep.iium.edu.my/77465/ http://irep.iium.edu.my/77465/1/77465%20-%20Methodology%20on%20the%20Trend%20of%20Underlying%20Shariah%20Contracts%20and%20Legal%20Disputes%20of%20Decided%20Islamic%20Banking%20Cases%20in%20Malaysia.pdf |
| Summary: | The general reflection of certainty and predictability in
the decisions of the courts could be traced from the trend of
decided Islamic Banking cases itself. Some studies highlighted the
trend in decided Islamic Banking cases but not in detail, with a
limited scope of discussion and did not cover the current and the
latest decided cases. The objective of this paper is to provide a
comprehensive analysis on the decided Islamic Banking cases in
Malaysia of year 1987 to 2018 in order to find out the trend of
underlying Shariah contract and legal disputes. The method
employed in this study is the legal research through the analysis
decided Islamic Banking cases in Malaysia. This paper highlights
the underlying Shariah contracts that attract numerous judicial
consideration and legal disputes in different phases of
development in Islamic Banking cases. The diversification
underlying Shariah contract and the complexity of legal issues
could be traced in the more recent decided Islamic Banking cases.
Moreover, the findings contribute to the enhancement of disputes
resolution outcomes through court process and improvise the
Shariah compliance and legal risk management of Islamic
Banking Institutions |
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