JUDGMENT

Abdul Wahab Patail J:-

[1] The defendant Zulkifli bin Abdullah ("the defendant") is sued by the plaintiff Affin Bank Berhad ("the bank") in D4-22A-159-2003 for an order for sale to recover sums outstanding under a 1997 Al-Bai Bithaman Ajil facility ("the 1997 facility") released on 8 December 1997 and amended by revision in 1999 ("the 1999 revised facility"); and in D4-22A-67-2005 for amount outstanding from the 1999 revised facility amounting to RM958,997.94 as at 30 June 2002; interest thereon at 8% from the date of judgment to date of full settlement, costs and such other orders as the court thinks fit.

[2] The defendant bought a double storey corner link house from the vendor, Mohamed Nazir bin Mohamed Yusoff ("the vendor") for the sum of RM385,000 ("the principal agreement"). He paid a deposit of RM39,000. A balance of RM346,000 remained to be paid.

[3] He requested the bank, who was his employer at that time, for a home Islamic financing facility under the Syariah principle of Al-Bai Bithaman Ajil. The Al-Bai Bithaman Ajil is the Syariah principle which involves the purchase of a property and the sale and payment of the sale price which includes a profit margin upon