My Case Report


Although, Islamic finance has been implemented for more than 45 years since the formation of the Mitr Ghams Savings Bank on 23rd July 1963 in Egypt and numerous court cases have been brought to the court, it is found however that until to date there are only few published court decisions relating to Islamic banking cases. From my observation, between 1987-2008, there were several Islamic banking cases have been published in the respective law reports and majority of the cases involved BBA and Murabaha facilities except in the case of Tinta Press Sdn Berhad v BIMB (1987) 1 MLJ 474; 1 CLJ 474 where it dealt with Ijarah financing facility. I also insert cases from different jurisdiction such as in England and United States for comparative overview and understanding on the actual legal practice of Islamic finance worldwide.

Please find enclosed the selected cases report and cases commentary pertaining to Islamic finance for your reading pleasure:-

  1. MK Associates Sdn Bhd v. Bank Islam Malaysid Berhad (2015) 6 CLJ
  2. Bank Kerjasama Rakyat Malaysia Bhd v Brampton Holdings Sdn Bhd [2015] 4 CLJ
  3. Maybank Islamic v M Builders [2015] 4 CLJ
  4. Islamic Investment Company of the Gulf (Bahamas) Ltd. V. Symphony Gems N.V. & Ors . The London High Court, 13th February 2002, 2001, 2001 Folio 1226 per Justice Tomlinson, 2002 West Law 346969, QBD (Comm. Ct.)
  5. Shamil Bank of Bahrain v Beximco Pharmaceuticals Ltd [2004] 1 Lloyd’s Rep 1
  6. Balz, K. (2004). A Murabaha Transaction in English Court. Islamic Law and Society. Volume 11. pp. 117-134
  7. Arab Malaysian Merchant Bank Berhad v. Silver Concept Sdn Bhd [2005] 5 MLJ 210
  8. Affin Bank Berhad v Zulkifli Abdullah-Perspective. [2006] 4 MLJ i
  9. Affin Bank Berhad vs Zulkifli Abdullah (2006) 3 MLJ 67
  10. Malayan Banking Berhad v Yakup bin Oje & Anor [2007] 6 MLJ 398
  11. The recent High Court ruling dated 8th July 2008
  12. Arab-Malaysian Merchant Bank Bhd v Silver Concept Sdn Bhd [2008] 6 MLJ 295
  13. Arab Malaysian Fimance Bhd vs Taman Ihsan Jaya Sdn Bh.d & Ors (Koperasi Seri Kota Bukit Cheraka Bhd, Third Party) [2008] 5 MLJ
  14. Kevin J. Murray v Henry M. Paulson Jr. in the United States District Court for the Eastern District of Michigan
  15. Affin Bank v Abdul Aziz Hidzir
  16. Bank Kerjasama Rakyat v Fadason Holding and Ors
  17. Investment Dar v Blom Development
  18. Tan Sri Abdul Khalid bin Ibrahim v Bank IslamMalaysia Bhd [2012] 7 MLJ 597
  19. Tan Sri Abdul Khalid bin Ibrahim v Bank IslamMalaysia Bhd and another suit [2009] 6 MLJ 416
  20. Bank Islam Malaysia Bhd v Azhar bin Osman and other cases [2010] 9 MLJ 192
  21. Bank Kerjasama Rakyat Malaysia Berhad v Emcee Corporation Sdn. Bhd. [2003] 2 MLJ 408; 1 CLJ 625
  22. Dato’ Nik Mahmud Bin Daud v Bank Islam Malaysia Berhad [1996]4 MLJ 295
  23. Light Style Sdn Bhd v KFH Ijarah House (M) Sdn Bhd [2009] 4 MLJ 575
  24. Bank Islam Malaysia Bhd v Lim Kok Hoe & Anor and other appeals [2009] 6 MLJ 839
  25. Malayan Banking Bhd v Marilyn Ho Siok Lin [2006] 7 MLJ 249
  26. Jofa Hilmi bin Jaafar & Anor v Abdul Hakam bin Abdul Hadi & Anor [2012] 7 MLJ 636
  27. Tahan Steel Corp Sdn Bhd v Bank Islam Malaysia Bhd [2012] 2 MLJ 314
  28. Bank Kerjasama Rakyat Malaysia Bhd v Sea Oil Mill (1979) Sdn Bhd & Anor [2010] 2 MLJ 740
  29. Bank Islam Malaysia Bhd lwn Pasaraya Peladang Sdn Bhd [2004] 7 MLJ 355
  30. Bank Muamalat Malaysia Bhd v Che’ Rus bin Husin & Ors [2004] 4 MLJ 67
  31. BIMB v Tinta Press [1986] 1 MLJ 256
  32. Mohd Alias bin Ibrahim v RHB Bank Bhd & Anor [2011] 3 MLJ 26
  33. Saravanan a/l Thangathoray v Subashini a/p Rajasingam [2007] 2 MLJ 705
  34. Fauzillah Salleh v Universiti Malaysia Terengganu [2012] 4 CLJ 601
  35. Summary of PP v DSAI

Comments (0)

  • cencurut Reply

    Dear Sir,

    I wonder why all (so called) Islamic Financial Institution and Bank in Malaysia has eagerly implement all sort of Islamic product (i.e BBA, Mudharabah, Musyarakah and others) while not even one have tried to implement Al-Qardhul Hassan. even though Al-Qardhul Hassan has been endorsed by Rasulullah S.A.W and used by Sahabah, whilst the other method (I suspected might be planted with RIBA by orientalist within our ulama’s) which only appeared on Ottoman Empire in Turkey and not on Rasulullah S.A.W time.

    For me as long as this (so-called) Islamic Financial Institution and Bank don’t want to implement Al-Qardhul Hassan, their (so-called) Islamic financial product should not be labeled as Islamic (as I found out that their Islamic product don’t comply with the basic requirement – i.e to help the needs of others).

    Right now (the cases of Affin Bank vs Zulkifly Abdullah), there you can see how the bank makes money more than it should while using BBA as a cover.

    Right me if I’m wrong. Thanks

    November 25, 2008 at 11:37 am
  • izne Reply

    Might want to read the Historic Judgment on Riba by the Supreme Court of Pakistan [http://www.albalagh.net/Islamic_economics/riba_judgement.shtml]

    December 2, 2008 at 6:47 am
  • fadhilah ali Reply

    Dear Zulkifli Hasan,

    What an impressive blog. Keep up your good work and I pray the best in your career.

    Fadhilah Ali

    April 30, 2009 at 4:11 pm
    • ZULKIFLI HASAN Reply

      Salam and Many thanks for your doa.

      May 2, 2009 at 8:33 am
  • Ismail N Reply

    Thank you very much Dr., for sharing your knowledge, information and opinion here. It is most enlightening and will continue to enlighten many minds, Insyallah. May your deeds receive His eternal blessings.

    January 16, 2014 at 6:15 am
  • Jiehan Reply

    very helpful sharing knowledge information.thank you, Dr.

    May 6, 2015 at 2:20 pm
  • Hamad Al-Sayed Reply

    Salam alaikom Dr. Hasan,

    I am Hamad who met you Today’s morning in Durham IF summer school and thank you for your informative presentation.

    The three cases of 2015 on the top are not downloadable. Could you please advise or so?

    August 12, 2016 at 8:07 pm
  • Hamad Al-Sayed Reply

    Dear Dr. Hassan,

    It was a pleasure to meet you in Durham. May Allah grant you tawfeeq.

    I could not download the three 2015 cases mentioned in the top.

    Thank you.
    Best,
    Hamad

    August 18, 2016 at 2:51 pm

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