Publication:
Seeking specific relief in cases of Islamic banking in Malaysia - an analysis
Abstract
Often, the application of specific relief to Islamic banking is unspoken and unwritten. However, few studies suggest that legislation on specific relief needs amendment to cater for the effective application of Islamic banking and finance in the country and proposing the idea to introduce an Islamic Specific Relief Act. This paper aims to understand the application of specific relief to Islamic banking in Malaysia. This paper will look at the application of specific relief in Malaysia and discuss the extent of its application to Islamic banking cases reported in Malaysia from 1983 to 2015. The study will shed light on the general types of specific relief from Malaysian and Islamic law perspectives to conclude whether the provisions of Malaysian specific relief law invoked in courts in Islamic banking cases are in line with the general principles of Shari'ah. To further support this, evidence from various commercial civil codes of Muslim countries have been discussed to analyse these provisions from a more practical perspective.
Keywords
Islamic banking , Specific relief , Shari'ah
Citation
Muneeza, AIshath. (2018). Seeking specific relief in cases of Islamic banking in Malaysia - an analysis. International Journal of Law and Management, 60 (2), pp. 325-241.
Publisher
Emerald Publishing Limited