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2025 MarsdenLR 6596

Affin Bank Bhd – Appellant
Versus
Zulkifli bin Abdullah – Respondent


Case Summary

Banking — Banks and banking business — Islamic banking — Home Islamic financing facility — Al-Bai Bithaman Ajil — Default payment of instalments — Notice of default in Form 16D of the National Land Code — Application for order of sale and order to recover such sums in the event of a deficiency in the proceeds of sale — What is the amount that a customer has to pay to the provider of Al-Bai Bithaman Ajil facility in the event of a default — Whether provider of an Al-Bai Bithaman Ajil facility can, in the event of a default before the end of tenure, claim as part of the sale price or bank selling price the profit margin for the unexpired tenure of the facilityBanking — Banks and banking business — Islamic banking — Home Islamic financing facility — Terminated before end of its tenure — Demand of bank selling price — Calculation of profit margin — When tenure shortened, whether profit margin could be recalculated with equal certaintyLand Law — Charge — Order for sale — Default of instalments — Charge an ad rem right to dispose of security to recover a secured debt — National Land Code 1965 s 256

The defendant bought a double storey link house and secured the loan under the

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