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Malaysia Co-Operative Societies Commission Act 2007 · s 26

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s 26

(1)

The Commission shall consult the Syariah Advisory

Council on Syariah matters relating to any co-operative business which is based on Syariah and may issue written directive in relation to such business in accordance with the advice of the Syariah

Advisory Council.

(2)

Where in any proceedings relating to co-operative business which is based on Syariah and is supervised and regulated by the

Commission before any court or arbitrator, any question arises concerning a Syariah matter, the court or the arbitrator, as the case may be, may—

(a)

take into consideration any written directive issued by the

Commission pursuant to subsection (1); or

(b)

refer such question to the Syariah Advisory Council for its ruling.

Malaysia Co-operative Societies Commission 29

(3)

Any ruling made by the Syariah Advisory Council pursuant to a reference made under paragraph (2)(b) shall, for the purposes of the proceedings in respect of which the reference was made—

(a)

if the reference was made by a court, be taken into consideration by the court in arriving at its decision; and

(b)

if the reference was made by an arbitrator, be binding on the arbitrator.