Islamic banking and its legal frameworks in Malaysia

Abstract

Islamic banking, as of now, has become an important sector in banking industry, especially in Malaysia. As such, this dissertation will examine those laws which formed part and parcel of legal frameworks governing the operations of Islamic banking industry in Malaysia. This dissertation, wherever possible, attempts to incorporate practical experience of the writer as solicitor specializing in Islamic banking matters - be it as either financing documentation or court work on debts collection. Those combinations of legal provisions and such practical experience shall be analysed herein for the benefit of the industry arld the public. Chapter One of this dissertation deals with the statement of problem, scope of study, methodology of study and some literature review. Chapter Two of this dissertation embarks on the issue of courts jurisdiction over Islamic banking matters - whether such matters be adjudicated by Shariah or civil cou.1i. This chapter analyses the issue of jurisdiction and proposes certain measures to be taken to resolves whatever shortcoming exist in the two jurisdictions. The main body of this dissertation is those of Chapter Three and Chapter Four. Chapter Three reviewed legislations such as Banking and Financial Institutions Act, Islamic Banking Act and Hire-Purchase Act. Those laws which directly governing the operations ofislamic banking industry are analysed. In Chapter Four this dissertation discussed the aspect of offences iil Islamic banking industry and how to deal with it. Discrepancies found in Banking and Financial Institutions Act and Islamic Banking Act also discussed herein. This dissertation is concluded in Chapter Five. This Chapter summarizes various parts of the discussion. This Chapter also includes some highlights in respect of challenges facing by the Islamic banking industry in the future.