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#strAnnouncement

 

LATEST CASES

TAN SRI ROZALI ISMAIL v. ABDUL HADI HAMAD & ANOR
HIGH COURT MALAYA, KUALA LUMPUR
LEONG WAI HONG JC
[CIVIL SUIT NO: WA-12ANCVC-112-04-2022]
31 JANUARY 2023

ISLAMIC LAW: Syariah Court - Hakam - Immunity - Complaints against court-appointed hakams - Allegations that hakams issued malicious and false statements in Syariah divorce proceedings and negligently breached duties - Hakams allegedly led Syariah Lower Court to order divorce and caused pecuniary damages and/or losses - Whether hakams protected by judicial immunity - Whether hakams enjoyed judicial/courtroom privilege - Courts of Judicature Act 1964, ss. 14(1) & (2)

 

 

ARTICLE
MORATORIUM FROM THE PERSPECTIVE OF MAQASID ALSHARIAH
The moratorium term began to be widely used and understood by the public when Bank Negara Malaysia (BNM) announced the issuance of a six-month moratorium for bank borrowers starting 1 April 2020 following the COVID-19 crisis. The issuance of the moratorium was implemented long ago by the banks in Malaysia, only it was not advertised in public and was more on a case-to-case basis. In general, the moratorium is the deferral of repayment of loan/financing instalments due to urgent factors that disallow the debtor to make usual payments. This paper discusses the repayment moratorium from the perspective of Maqasid al-Shariah and recommendations that can be improved for the interest (maslahah) of all parties.
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LEGISLATION UPDATE