JUDGMENT

John Lee Kien How @ Mohd Johan Lee J:

(Enclosure 129 — Notice Of Application By The 2nd Defendant To Refer Several Questions Of Islamic Law (Shariah) To The Kedah Shariah High Court Under Article 121(1A) of the Federal Constitution and/or Section 24A(1) of the Courts of Judicature Act 1964 And/Or Section 13(3)(b) Of The Shariah (Kedah Darul Aman) Enactment 2008 And/Or Order 4 Rule 92 Of The Rules Of 2012)

Facts Of The Case

[1] This is an application filed by the 2nd defendant in encl 129 ("this Application") to seek permission to refer several Shariah issues to the Kedah Shariah High Court . This referral is sought under art 121(1A) of the Federal Constitution and/or s 24A(1) of the Courts of Judicature Act 1964 and/or s 13(3)(b) of the Shariah (Kedah Darul Aman) Enactment 2008 and/or under the inherent jurisdiction of the Court pursuant to O 92 r 4 of the Rules of 2012.

[2] On 12 July 2011, Almarhum DYTM Tunku Haji Abdul Malik Ibni Almarhum Sultan Badlishah (the "late DYTM Tunku Malik"), at the age of 82 years old, opened a joint fixed deposit account (Account No: 5003413704) ("Joint Fixed Deposit Account") with the 1st Defendant. The plaintiff was named as a joint ac