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An Analysis Of The Courts’ Decisions On Islamic Finance Disputes

An Analysis Of The Courts’ Decisions On Islamic Finance Disputes

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Published by Mahyuddin Khalid

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Published by: Mahyuddin Khalid on Dec 14, 2012
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05/14/2014

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ISLAMIC FINANCIALLEGAL FRAMEWORK 
Mardhiyyah Sahri
 AN ANALYSIS OF THE COURTS‟ DECISIONS ON
ISLAMIC FINANCE DISPUTES
1
 
CHRONOLOGY OF CASES
1994
BIMB v. Adnan Oma
1996
Dato
Hj Nik Mahmud v. BIMB
2006
 Affin Bank Bhd v. Zulkifli Abdullah
2007
Malayan Banking v. Ya‟kup Oje
 
2008
 Arab Malaysian Finance v. Taman Ihsan Jaya
2009
BIMB v. Lim Kok Hoe
2010
BIMB v. Azhar Osman
2
 
BIMB v. Azhar Osman (2010)
FACTS:
Two sets of appeal went to Court Of Appeal
It was decided that BBA contact was valid andenforceable.
The cases were sent back to High Court to decide onthe quantum of claim and amount due.
BIMB was unsatisfied with the decision and nowappealed to Court of Appeal.
ISSUE:
Whether there is an obligation for the defendant topay full sale price stated in the Property Sale Agreement irrespective of a premature termination?
3

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