28 Dec 2021
AMANAH INTERNATIONAL FINANCE SDN BHD TAN SRI HALIM BIN SAAD
- Citation
- WA-22M-465-09/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22M-465-09/2018 (Mahkamah Tinggi)
The court has jurisdiction to decide issues concerning implementation, operation and execution of contractual terms even where Shariah issues are involved and may take into consideration published SAC rulings and hear experts to explain those rulings; however the court cannot decide substantive Shariah law via expert evidence and referral to the SAC under s.56 CBMA is mandatory only where fundamental, unsettled Shariah principles are involved — not for contractual application issues already addressed by SAC precedents.