A critical analysis on the jurisdiction of civil courts in hearing Islamic banking and finance cases in Malaysia / Nurafiqah Azman … [et al.]

According to the Ninth Schedule of Federal List in the Federal Constitution, disputes regarding to the banking and finance shall be tried in the civil courts including Islamic banking and finance matters. However, several issues have been arises due to the unsuitability of civil courts in hearing Islamic banking and finance cases. One of the issues is the judges made decisions which are not complied with Shariah principles. Besides, the comparisons had been made with the other countries such as Pakistan, Bahrain and Saudi Arabia relating to which court or bodies have the jurisdiction in hearing the cases of Islamic banking and finance. The aim of this study is to analyse on the jurisdiction of civil courts in hearing Islamic banking and finance disputes. In addition, we also give several suggestions to improve the jurisdiction of courts in hearing Islamic banking and finance cases.