CIMB ISLAMIC BANK BERHAD v 1. ) ZAINUL AZIZAN BIN ZAINUL AZIZ 2. ) NOOR HANIS BINTI ZAINUL AZIZAN
Catchwords
Land law – Charge – Order for sale – “Cause to the contrary” under s. 256(3) of National Land Code – Restrictive interpretation – Whether defects in statutory notice constitute cause to the contrary – Shariah compliance – Effect of non-compliance on contract enforceability – Section 281 Islamic Financial Services Act 2013 – Whether Shariah breach constitutes “cause to the contrary” – Undue influence – Unconscionable bargain – Allegation of signing documents at home without independent advice – Whether sufficient evidence to establish equitable defence – Rules of Court 2012; O.7 & O.83 – National Land Code 1965; ss. 241, 254, 256(3), 257 & 340 – Islamic Financial Services Act 2013; ss. 28 & 281 – Contracts Act 1950; s.16 – Federal Constitution; item 7(j) of the Federal List in the Ninth Schedule. Banking law – Islamic finance – Bai' Bithaman Ajil (BBA) facility – Default – Ibra' (rebate) – Whether ibra' deductible in computation of debt upon default by bank – Distinction between early settlement by customer and termination upon default - Conclusive evidence clauses – Whether “manifest error” shown Evidence – Estoppel – Conduct of parties – Withdrawal of security deposit (GIA-i) by chargor – Subsequent challenge to computation for not crediting deposit – Whether estopped
Practice Areas
Judges (1)
Case Significance
CIMB ISLAMIC BANK BERHAD v 1. ) ZAINUL AZIZAN BIN ZAINUL AZIZ 2. ) NOOR HANIS... is a High Court (Mahkamah Tinggi) decision dated November 5, 2025 (citation: wa-24mfc-657-07-2025). The case was decided by Yusrin Faidz bin Yusoff.
Key issues: Evidence – Estoppel – Conduct of parties – Withdrawal of security deposit (GIA-i) by chargor – Subsequent challenge to computation for not crediting deposit – Whether estopped.
What was the outcome of CIMB ISLAMIC BANK BERHAD v 1. ) ZAINUL AZIZAN BIN ZAINUL AZIZ 2. ) NOOR HANIS...?
CIMB ISLAMIC BANK BERHAD v 1. ) ZAINUL AZIZAN BIN ZAINUL AZIZ 2. ) NOOR HANIS... is a High Court decision dated November 5, 2025. The case was heard by Yusrin Faidz bin Yusoff. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-24mfc-657-07-2025)