2025 MarsdenLR 6951
COURT OF APPEAL (PUTRAJAYA)
RAUS SHARIF, J, ABDULL HAMID EMBONG, J, AHMAD MAAROP, JJCA
Bank Islam Malaysia Bhd – Appellant
Versus
Lim Kok Hoe & Anor and other – Respondent
Advocates:
Mohamed Ismail Shariff (Oommen Koshy and Mohd Arief Emran with him) (Skrine) for the appellant in Civil Appeal No W-02–918 of 2008.
Richard Bong (Aida Rahayu with him) (Bong & Co) for the respondents in Civil Appeal No W-02–918 of 2008.
Mohamed Ismail Shariff (Oommen Koshy and Mohd Arief Emran with him) (Skrine) for the appellant in Civil Appeal No W-02–954 of 2008.
The first respondent in person in Civil Appeal No W-02–954 of 2008.
Mohamed Ismail Shariff (Oommen Koshy and Mohd Arief Emran with him) (Skrine) for the appellant in Civil Appeal No W-02–955 of 2008.
The first and second respondents in person in Civil Appeal No W-02–955 of 2008.
Mohamed Ismail Shariff (Oommen Koshy and Mohd Arief Emran with him) (Skrine) for the appellant in Civil Appeal No W-02–957 of 2008.
Adnan bin Seman @ Abdullah (Adnan Seman & Associates) for the respondents in Civil Appeal No W-02–957 of 2008.
Mohamed Ismail Shariff (Oommen Koshy and Mohd Arief Emran with him) (Skrine) for the appellant in Civil Appeal No W-02–958 of 2008.
Syed Shafiq Alhabshi (Stanislaus with him) (MS Vethanayagam & Associates) for the respondents in Civil Appeal No W-02–958 of 2008.
Mohamed Ismail Shariff (Oommen Koshy and Mohd Arief Emran with him) (Skrine) for the appellant in Civil Appeal No W-02–959 of 2008.
Harpal Singh Grewal (Harwinder Kaur with him) (AJ Ariffin Yeo & Harpal) for the respondents in Civil Appeal No W-02–959 of 2008.
Mohamed Ismail Shariff (Oommen Koshy and Mohd Arief Emran with him) (Skrine) for the appellant in Civil Appeal No W-02–960 of 2008.
The first and second respondents in person in Civil Appeal No W-02–960 of 2008.
Mohamed Ismail Shariff (Oommen Koshy and Mohd Arief Emran with him) (Skrine) for the appellant in Civil Appeal No W-02–961 of 2008.
The respondent in person in Civil Appeal No W-02–961 of 2008.
Mohamed Ismail Shariff (Oommen Koshy and Mohd Arief Emran with him) (Skrine) for the appellant in Civil Appeal No W-02–962 of 2008.
The respondent in person in Civil Appeal No W-02–962 of 2008.
Raus Sharif JCA (delivering judgment of the court)
INTRODUCTION
On 18 July 2008, the Kuala Lumpur High Court delivered a common judgment for 12 cases concerning Islamic financing which sent shock waves to the Islamic banking industry. The learned judge declared that the Bai Bithaman Ajil (‘BBA’) contract, a financial instrument in Islamic financing, which had been in existence and practised in this country for the past 25 years was contrary to the religion of Islam.
The plaintiff in the respective 12 cases was Bank Islam Malaysia Berhad (‘BIMB’). BIMB is an Islamic bank licensed under the Islamic Banking Act 1983 and thus authorise to carry on Islamic banking business. The defendants were BIMB’s customers.
What had happened was this. Prior to the delivering of the common judgment, the learned judge had instructed counsel appearing in the 12 cases which were pending before him, to file their respective written submissions.
The written submissions were duly filed but counsel were not called upon to appear before the learned judge to make oral submissions or provide clarification of their written submissions. From the written submissions the common judgment for the 12 cases was delivered b
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