Thoughts on Banking and Finance, January-June, 2013
The dispute between bank and customer in the case of Bai Bithaman Ajil (BBA): Malaysian Experience
- DOI
- https://doi.org/10.64968/bbta.tbf.2013.02.01.04
- Journal volume & issue
-
Vol. 2 Issue 1
pp. 74-84
- Authors
- Rininta Nurrachmi Nawalin Nazah Hamida Mohamed
Abstract
This paper discusses the issue and dispute in Bai BirhamanAjil (BBA) which ended in court cases. It attempts to define the issues and dispute that arisedin 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 arised due to customer's less understanding of the contract in BBA. The court cases that occurred between the bank and the customer were always won by the barik 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.
Keywords: BBA, Shariah, Bank, Customer, Financing
JEL Classification: G21, G20, G23, E51, E52, K34, Z12, P43, D14, O16