ISSN: 2222-6990
Open access
In order to maintain and uphold the institution of Islamic banking for future generations, it is vital to resolve potential conflicts that are faced by the Islamic banking sector. Malaysia is currently facing legislative conflicts between Islamic law and civil law, even after more than 30 years since the establishment of Islamic banking. Several court cases have proven that there are many conflicting issues in the Malaysian Islamic banking sector, which have posed a challenge to the Islamic financial system in Malaysia. This article aims to construct a harmonized legal framework between Islamic law and civil law in regulating the industry of Islamic banking, particularly through the enforcement of the Contracts Act 1950 and the Evidence Act 1950. The type of research carried out for the purpose of this paper is doctrinal legal research. The data sources were gathered and analysed using content analysis and critical analysis methods. The results showed that there are some statutory provisions in the abovementioned statutes which are not compatible with the principles of Islamic banking. As such, several recommendations have been suggested in order to harmonize the legal conflicts as they occur in the statutory provisions. Lastly, the outcomes of this research are expected to assist the harmonization process of legislation together with the intention of facilitating the development of the Islamic banking industry in Malaysia.
Ainley, M. (1997). Under a veil of regulation. The Banker, 147(860), 73-74.
Basmeih, A. (2013). Tafsir Pimpinan Ar-Rahman Kepada Pengertian Al-Quran (30 Juz) – Mushaf Malaysia Rasm Uthmani. (4th ed.). DarulFikir.
Bjorklund, I., & Lundstrom, L. (2004). Islamic Banking: An Alternative System. Kristiantad University.
Central Bank of Malaysia. (1993). Annual Report. Central Bank of Malaysia.
Ercanbrack, J. (2020). The standardization of Islamic financial law: Lawmaking in modern financial markets. The American Journal of Comparative Law, 67(4), 825-860.
Erol, C., & El-Bdour, R. (1990). Conventional and Islamic bank patronage behaviour of Jordanian customers. International Journal of Bank Marketing, 8(5), 25-35.
Hanif, M. (2014). Differences and similarities in Islamic and conventional banking. International Journal of Business and Social Sciences, 2(2), 166-175.
Haque, A., Osman, J., & Ismail, A. Z. (2009). Factor influences selection of Islamic banking: A study on Malaysian customer preferences. American Journal of Applied Sciences, 6(5), 922-928.
Hassan, M. K., Mohd Yusof, R., & Naiimi, N. (2017). Islamic banking sustainability: A review of literature and directions for future research. Emerging Markets Finance and Trade, 53(2), 440-470.
Hassan, R. (2011). Islamic Banking and Takaful. Pearson Custom Publishing.
Iqbal, Z., & Mirakhor, A. (2007). An Introduction to Islamic Finance, Theory and Practice. John Wiley & Sons (Asia) Pte Ltd.
Karbharil, Y., Naser, K., & Shahin, Z. (2004). Problems and challenges facing the Islamic banking system in the West: The case of the UK. Thunderbird International Business Review, 46(5), 521-543.
Lo, C. W., & Leow, C. S. (2014). Islamic banking in Malaysia: A sustainable growth of the consumer market. International Journal of Trade, Economics and Finance, 5(6), 526-529.
Mansour, W., Ben, J. K., & Majdoub, J. (2015). How ethical is Islamic banking in the light of the objectives of Islamic law? Journal of Religious Ethics, 43, 51–77.
Marican, P. (2002). The Syariah/civil law dichotomy and its impact on the Malaysian legal system. IIUM Law Journal, 12(1), 251-252.
Thani, N. N., Abdullah, M. R., & Hassan, M. H. (2003). Law and Practice of Islamic Banking and Finance. Sweet and Maxwell Asia.
Tyser, C. R., Demetriades, D. G., & Effendi, I. H. (2001). The Mejelle: An English Translation of the Mejelle Al-Ahkam Al-‘Adliyyah. The Other Press.
Yussoff, Y. (2009). General concept of Contracts Act 1950. Current Law Journal, 7, 37-44.
Zuhayli, W. (2002). Financial Transactions in Islamic Jurisprudence. Dar Al Fikr.
In-Text Citation: (Shukri, 2020)
To Cite this Article: Shukri, M. H. M. (2020). The Conflicts of Law in Islamic Banking Based on The Contracts Act 1950 and Evidence Act 1950: Malaysian Position. International Journal of Academic Research in Business and Social Sciences. 10(8), 907-916.
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