Remedies for Default in Islamic Banking: Home and Car Financing


Author: Dr Rusni Hassan, Dr Ahmad Azam Othman, Dr Norliah Mokhtar
Published: 2018
ISBN: 9789672187035
Format: Hardcover + Ebook

Categories: , Product ID: 9404


Description : 

This book contains an in-depth, focused and up-to-date discussion on the practical application of the remedies that are available to banks and financial institutions following breach or default by customers of Islamic home and car financing facilities, namely bai` bithaman ajilijarah and musyarakah mutanaqisah financing, which are the three commonly preferred Islamic banking facilities for home and car financing in Malaysia. The issues that commonly arise in Islamic financing practice are carefully considered to give clear and instructive guidance on how particular remedies may be successfully sought for each type of financing.

To build a good foundation for a proper appreciation of the remedies, the book provides a comprehensive overview of these commonly utilized Islamic banking asset financing facilities which gives a good understanding of their concept, practical operation, and regulation. It also sets out a broad explanation of the general nature of remedies that are available under Malaysian law.

This book will be useful for practitioners as it comes with the reproduction of the important parts of the Shariah Resolutions and the Shariah Standards Policy Documents as issued by Bank Negara Malaysia in relation to the Islamic financing facilities covered.

The book contains the combined expertise of authors who have the strong underpinning of academia and the practical experience of legal practice.


  • Comprehensively covers the concept, practical operation and regulation of bai` bithaman ajilijarah and musyarakah mutanaqisah financing facilities
  • Provides a broad explanation of the nature of remedies under Malaysian law
  • Provides an in-depth practical discussion on the application of the remedies following default by customers of the Islamic home and car financing facilities
  • Provides updated statutory provisions and recent case laws as authorities to complement the discussion
  • Provides a Glossary to give readers a better understanding of the Arabic/Islamic banking terminologies
  • Authored by legal and Islamic banking experts of academic and practical background

Authors :

Dr Rusni Hassan is a Professor at the Institute of Islamic Banking and Finance, International Islamic University Malaysia. She is also a Shariah committee member of a number of financial institutions in Malaysia. An active speaker on Islamic finance, she has authored many books as well as articles published in local and international journals on the area of Islamic finance.
Dr Ahmad Azam Othman is an Associate Professor at the Department of Islamic Law of the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia. He has written several books on Islamic finance and numerous articles published in local and international journals. He has also presented papers at local and international conferences on Islamic banking and finance.
Dr Norlizah Mokhtar is an advocate and solicitor of the High Court of Malaya and a partner of Nashili & Co. Throughout her many years of legal practice, she has prepared abundant Islamic financing documents involving the Shariah principles of bai` bithaman ajil, ijarah and musyarakah mutanaqisah. Currently, she handles the Islamic banking work for several banks and financial institutions in Malaysia.


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