The Islamic Finance Workshop Series for Judges : Managing Islamic Banking Cases” is the first workshop co-organised by both the Judicial Appointments Commission (JAC) and Bank Negara Malaysia (BNM). It was held on 28-29 June 2013 at Lanai Kijang, Bank Negara Malaysia, Kuala Lumpur.
This workshop was officiated by The Rt. Hon. Tun Arifin bin Zakaria, Chief Justice. Also in attendance were The Rt. Hon. Tan Sri Md. Raus bin Sharif, President of the Court of Appeal, The Rt. Hon. Tan Sri Dato’ Seri Zulkefli bin Ahmad Makinudin, Chief Judge of Malaya and YBhg. Tan Sri Zeti Akhtar Aziz, Governor of Bank Negara.
The objective of this workshop was to expose judges to the current issues and major challenges faced by Islamic banking institutions in relation to the law. As such, the workshop was structured to discuss salient aspects in managing Islamic banking cases as follows:
(i) Introducing key syariah principles applicable in Islamic finance transactions;
(ii) Discussing sale-based contracts commonly used in Islamic financial transactions including implementation of ibra’ (rebate);
(iii) Discussing equity-based and lease-based syariah contract including a discussion on wa'd(promise) ; and
(iv) Discussing the common sukuk structure, The legal framework and relevant issues.
(i) Dr. Asyraf Wajdi Dato’ Dusuki, Yang Dipertua Yayasan Dakwah Islamiah Malaysia (YADIM) as the workshop moderator;A total of 10 lecturers who are specialist in their respective fields of Islamic Finance / Law were invited to speak at the workshop. They are as follows:
(ii) Prof. Dr. Engku Rabiah Adawiah Engku Ali, Lecture, Universiti Islam Antarabangsa;
(iii) Assoc. Prof. Dr. Aznan Hassan, Lecture, Universiti Islam Antarabangsa;
(iv) Encik Mohamed Ridza Abdullah, Managing Partner, Messrs. Mohamed Ridza and Co.;
(v) Encik Rafe Haneef, Chief Executive Officer, HSBC Amanah Malaysia;
(vi) Encik Wan Mohd. Nazri Wan Osman, Director, Islamic Banking and Takaful Department, Bank Negara Malaysia;
(vii) YABhg. Tun Abdul Hamid Mohamad, Former Chief Justice and Chairman, Law Harmonisation Committee of Bank Negara Malaysia;
(viii) Dr. Mohd. Daud Bakar, Chairman of Syariah Advisory Council, Bank Negara Malaysia;
(ix) The Hon. Dato’ Haji Mohd. Zawawi Salleh, Judge of the Court of Appeal; and
(x) The Hon. Dato” Rohana Yusuf, Judge of the Court of Appeal; and
A total of 85 participants comprising 56 Judges from the Federal Court, Court of Appeal, High Court and Judicial Commissioners as well as 29 Legal Officers attended this workshop.This workshop was divided into 5 lectures and 2 panel sessions. Each lecturer was allotted an hour while the panels had between 45 minutes and 1½ hours.The closing ceremony was officiated by The Rt. Hon. Tan Sri Dato’ Seri Zulkefli bin Ahmad Makinudin, Chief Judge of Malaya.