Laws governing Islamic finance and litigation practice


Litigation through court process is still the preferred mode among contracting parties in the Islamic banking and finance industry, despite the availability of alternative dispute resolution (“ADR”) options. With the rise of institutions — financial institutions (“FIs”), Islamic financial institutions “IFIs”, development financial institutions (“DFIs”), and non-FIs — offering numerous Islamic financial products under various Syariah concepts, it would be necessary for lawyers involved in litigation to be equipped with knowledge in this area of practice. Hence, this webinar aims to provide participants with a better understanding of the regulatory, procedural, and Syariah issues surrounding the recovery of Islamic financing facilities. In essence, the webinar aims to cover the following topics:

 Laws governing Islamic finance and litigation practice (regulatory, jurisdictional, procedural, and substantive laws)

 Updates on the recent decisions by the Malaysian appellate courts and policy documents on Syariah matters issued by Bank Negara Malaysia

 Landmark cases dealing with Islamic finance legal documentation

 Recovery procedure for civil action, foreclosure proceedings and bankruptcy proceedings

 Syariah non-compliance issues and defence of illegality in Islamic finance cases

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