2025 MarsdenLR 6692
Mohd Alias bin Ibrahim – Appellant
Versus
RHB Bank Bhd & Anor – Respondent
Case Summary
Banking — Banks and banking business — Islamic banking — Constitutional validity of ss 56 and 57 of the Central Bank of Malaysia Act 2009 — Whether ss 56 and 57 of the Act (‘the impugned provisions’) inconsistent with art 121(1) of the Federal Constitution — Whether Shariah Advisory Council (‘SAC’) was usurping jurisdiction of court in determining issues of law which were within jurisdiction of court — Whether by making decision of SAC binding on court parties deprived of chance to be heard — Whether impugned provisions had retrospective effect on transaction — Central Bank of Malaysia Act 2009 ss 51, 52, 56 & 57 — Federal Constitution arts 4(1) & 121(1)
Civil Procedure — Jurisdiction — High Court — Whether High Court had jurisdiction to hear present dispute — Whether issues that revolved around power of Parliament to make law concerning judicial power of Federation to Shariah Advisory Council should be referred to Federal Court — Courts of Judicature Act 1964 s 84
Words and Phrases — Meaning of ‘ascertain’ and ‘determine’ — Whether there were differences between both words — Item 4(k) of List I in the Federal List of the Ninth Schedule to the Federal Constitution — Centr
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