SHARIAsource

This Supreme Court jurisprudence states that:

1. Law No. 20 of 1947 regulates judicial appeals, and, therefore, cannot be applied to the drafting of a submission in the first instance; and
2. before applying art 210(1) of the Compilation of Islamic Laws, the plaintiff must first articulate the property it is claiming as a gift (hibah) in order that the court can ascertain whether or not that gift exceeds the one-third limit placed on parties who choose to make a gift of their own property.