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LATEST CASES

BANK KERJASAMA RAKYAT MALAYSIA BERHAD v. MDSA VENTURES SDN BHD & ORS
HIGH COURT MALAYA, KUALA LUMPUR
YUSRIN FAIDZ YUSOFF JC
[SUIT NO. WA-22M-1748-11/2023]
7 FEBRUARY 2025

 

 

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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