Dispute between bank and customer in Bai Bithaman Ajil (BBA). Case in Malaysia

Nurrachmi, Rininta and Mohamed, Hamida and Nazah, Nawalin (2013): Dispute between bank and customer in Bai Bithaman Ajil (BBA). Case in Malaysia.

Abstract

This paper discusses the issue and dispute in Bai Bithaman Ajil (BBA) which ended in court cases. It attempts to define the issues and dispute that rise in the practice of BBA and the practical case of BBA in the context of Malaysia and Shariah perspective in regards to BBA practices. Critical analysis from the existence literature is employed to answer the objective of the paper. It shows that the dispute happened due the customer has less understanding regarding the contract in BBA. The court cases that occurred between the bank and the customer were always won by the bank because the bank has more legality and the judge won the bank in order to maintain the good image of Islamic bank in the eye of public.

• Item Type: MPRA Paper
• Language: English
• Keywords: BBA, Shariah, Bank , Customer, Financing
• Subjects: P - Economic Systems > P4 - Other Economic Systems > P48 - Political Economy ; Legal Institutions ; Property Rights ; Natural Resources ; Energy ; Environment ; Regional Studies

References

Abdul Kader, Sharifah, and Nuarrual Dahlan. "Shariah and Legal Issues in House Buying in Malaysia: The Legality of Bay'Bithaman-Al-Ajil ('BBA') with Special Reference to Abandoned Housing Projects." Pertanika Journal of Social Science & Humanities 19.2 (2011): 349.

Ahmad Tarmidzi. (2007) . Bay’ Bithaman Ajil (BBA) in Housing Financing as Implemented By Malaysian financial Instituation: A Criticle Analysis of Its Procrdures and Application From the Fiqh Point of View. International Islamic University Malaysia.

Aziz,Hassanuddeen (2009). Islamic Banking. International Islamic University Malaysia.

Meera, Ahamed Kameel Mydin, and Dzuljastri Abdul Razak. (2005) Islamic Home Financing through Musharakah Mutanaqisah and al-Bay Bithaman Ajil Contracts: A Comparative Analysis.

Razak, Dzuljastri Abdul, Mustafa Omar Mohammed, and Fauziah Md Taib. (2008). Consumers’ Acceptance on Islamic Home Financing: Empirical Evidence on Bai Bithaman Ajil (BBA) in Malaysia. (paper presented at IIUM International Accounting Conference IV (INTAV), Marriot Putrajaya Hotel 24-26 June, 2008)

Rosly, Saiful Azhar, and Mahmood Sanusi.(nb). The Role of Khiyar Al-‘Ayb In Al-Bay’Bithman Ajil Financing. International Journal of Islamic Financial Services Vol. 2 No.3