The effect of Section 281 of Islamic Financial Services Act 2013.
One of the pertinent issue highlighted by the High Court in dismissing the application for summary judgement by Maybank Islamic Bank Berhad in the case of MAYBANK ISLAMIC BERHAD v. GOLDEN BASE CONSTRUCTION SDN BHD & ORS [2019] 1 LNS 1785 was that the mere use of the words “Shariah-compliant commodities determined by the Bank as per the e-certificate” in the financing documents was insufficient to identify the underlying asset. Thus, the legality of the Murabahah transaction was in question due to the uncertainty of the underlying Murabahah asset, In Islamic finance, the Murabahah Contract refers to Cost-plus financing. This is a contract sale between the bank and its customer for the sale of goods or commodities at a price that includes a profit margin agreed by both parties. The Murabahah transaction is to be completed in two stages. In the first stage, the customer requests the bank to undertake a Murabahah transaction and promises to buy the commodity specified by him. In