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LATEST CASES

IKI PUTRA MUBARRAK v. KERAJAAN NEGERI SELANGOR & ANOR
FEDERAL COURT, PUTRAJAYA
TENGKU MAIMUN TUAN MAT CJ; ROHANA YUSUF PCA; AZAHAR MOHAMED CJ (MALAYA); ABANG ISKANDAR CJ (SABAH AND SARAWAK); MOHD ZAWAWI SALLEH FCJ; NALLINI PATHMANATHAN FCJ; VERNON ONG LAM KIAT FCJ; ZABARIAH MOHD YUSOF FCJ; HASNAH MOHAMMED HASHIM FCJ
[PETITION NO: BKA-3-11-2019(W)]
25 FEBRUARY 2021

CONSTITUTIONAL LAW: Legislation - Validity of legislation - Syariah Criminal Offences (Selangor) Enactment 1995, s. 28 - Offence against 'precepts of Islam' - Challenge against competency of Selangor State Legislature to legislate offences against precepts of Islam - Whether qualified by phrase 'except in regard to matters included in the Federal List' in item 1, List II, Ninth Schedule of Federal Constitution - Whether States restricted from making laws on subjects within domain of Parliament - Whether criminal law within domain of Parliament - Whether s. 28 enacted in contravention of item 1 of State List - Whether s. 28 inconsistent with Federal Constitution - Whether void
ISLAMIC LAW: Legislation - Validity of impugned legislation - Syariah Criminal Offences (Selangor) Enactment 1995, s. 28 - Offence against 'precepts of Islam' - Challenge against competency of Selangor State Legislature to legislate offences against precepts of Islam - Whether qualified by phrase 'except in regard to matters included in the Federal List' in item 1, List II, Ninth Schedule of Federal Constitution - Whether States restricted from making laws on subjects within domain of Parliament - Whether criminal law within domain of Parliament - Whether s. 28 enacted in contravention of item 1 of State List - Whether s. 28 inconsistent with Federal Constitution - Whether void

 

 

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