Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 3 of 3
Full-Text Articles in Law
Al Bai Bithaman Ajil- The Grant Of Ibra In Customer Default Situations, Jonathan Chen Yeen Muk
Al Bai Bithaman Ajil- The Grant Of Ibra In Customer Default Situations, Jonathan Chen Yeen Muk
Jonathan Muk
The Al Bai Bithaman Ajil (“BBA”) facility is an Islamic financing facility based on underlying purchase and sales agreements. When bank customers default on their instalment obligations under the facility, the grant of ibra (rebate) in Al Bai Bithaman Ajil (“BBA”) facilities is a contentious issue. This article provides an analysis of the Malaysian judgments with respect to ibra and BBA facilities. It seeks to identify the best way for courts to approach ibra in the absence of legislation or executive direction. It is suggested that while implied terms, unconscionability and even recharacterisation of the BBA facilities have been used …
Proposed Improvements To The Division Of The Parties' Beneficial Interests Beyond The Women's Charter: Chan Yuen Lan V See Fong Mun, Jonathan Muk
Jonathan Muk
In Chan Yuen Lan v See Fong Mun [2014] SGCA 36, the Singapore Court of Appeal had the opportunity to consider its approach towards ascertaining the parties’ beneficial interests under the common law. It took the opportunity to revist its earlier decision of Lau Siew Kim v Teo Guan Chye Terence [2008] 2 SLR(R) 108 and establish an approach for future cases. It is submitted that the CA’s approach could have gone further to first, establish the common intention constructive trust analysis as the starting point for ascertaining beneficial interests under the common law, second, reform the presumption of advancement …
How Can The Existing Legal Framework With Regard To The Maintenance Of Parents And Protection For The Elderly From Neglect And Abuse Be Reformed?, Jonathan Chen Yeen Muk, Gek Min Yeo
How Can The Existing Legal Framework With Regard To The Maintenance Of Parents And Protection For The Elderly From Neglect And Abuse Be Reformed?, Jonathan Chen Yeen Muk, Gek Min Yeo
Jonathan Muk
This article examines the existing problems with laws relating to elderly neglect, abuse and maintenance. Suggestions are then made as to how laws can be improved so that the welfare of the elderly can be better taken care of.