Citation: Md Dahlan, Nuarrual Hilal and Shuib, Mohd Sollehudin and Mohd Noor, Fauziah. (2018). Malaysian case law on issues of Islamic home finance Bay’ Bithaman Al-Ajil (BBA): An Analysis. International Journal of Law, Government and Communication, 3 (13). pp. 1-20. ISSN 0128-1763.
Abstract: Islamic Banking has been established since the 1980s in Malaysia. Various Islamic Home Finance products have been introduced and practised in Malaysia. However, these products have been tainted with the issue of their inadequacy to deal with the issues of problematic housing projects such as late delivery of vacant possession, shoddy workmanship and failure of the developer to comply with the sale and purchase agreements. This paper aims to study the case law dealing with issues, other than issues of abandoned housing projects, in Islamic Home Finance involving Islamic Home Finance Bay’ Bithaman Al-Ajil (BBA). This paper used shariah (Islamic Law), legal doctrinal, qualitative social and textual analysis research methodologies. This paper finds that case law reveals the weaknesses of the BBA. The outcome of this paper will improve the theory and practice of Islamic Home Finance BBA in Malaysia.
Keywords: Case Law, Malaysia, Bay’ Bithaman al-Ajil, Injustice, Islamic Home Finance.