JUDGMENT

Mohd Zawawi Salleh J:

Introduction

(1) This application concerns fundamental questions about the constitutional validity of ss. 56 and 57 of the Central Bank of Malaysia Act 2009 (Act 701) ("Impugned Provisions"). By way of notice of motion (encl. 14) pursuant to O. 33 r. 2 of the Rules of the High Court 1980, the plaintiff posed three questions for the courts determination. The three questions posed were as follows:

Question 1

Pursuant to art. 4(1) of the Federal Constitution, whether ss. 56 and 57 of the Central Bank of Malaysia Act 2009 are inconsistent with art. 121(1) of the Federal Constitution and therefore, to the extent of such inconsistency, are void, on the following grounds:

a) by making the ruling of the Shariah Advisory Council binding upon the court, whether the Shariah Advisory Council is usurping the jurisdiction of the court in determining issues of law which are properly within the jurisdiction of the court as provided by the art. 121(1) of the Federal Constitution and the Courts of Judicature Act 1964;

b) whether in the absence of an express provision allowing the judiciary to delegate its judicial powers to any other person or body, whether ss.