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INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA
SEMESTER II, 2011/2012 SESSION
AHMAD IBRAHIM KULLIYYAH OF LAWS
Programme : Bachelor of Laws Level of : Third
Reading Time : 9.00 a.m. – 9.15 a.m. Date : 27.5.2012
Duration : ( 15 minutes )
Answering Time : 9.15 a.m. – 12.15 p.m. Section(s) : All Sections
Duration ( 3 hours )
Course Title : Land Law II Course Code : LAW 3111
This Question Paper Consists of 6 Printed Pages With 6 Questions.
INSTRUCTIONS TO CANDIDATES
DO NOT OPEN UNTIL YOU ARE ASKED TO DO SO.
Answer FOUR (4) Questions Only.
National Land Code 1965 (Act 56)
Compilation of Statutes in Land Law
Any form of cheating or attempt to cheat is a serious
offence which may lead to dismissal
Statutes should be free from any form of annotation.
a. Explain the rationale for permitting Corporations, statutory bodies and agencies
listed in Schedule 2 of the Malay Reservation Enactment to offer loan facilities by
using Malay reservation land as collateral.
b. Marianne Nunis a Portuguese, converted to Islam to marry her childhood
sweetheart Ahmad Danish, a Malay Muslim. Marianne upon conversion changed
her name to Mariana Abdullah. Ahmad Danish is the registered proprietor of a
few tracts of Malay reserved land. After 5 years, they were still childless and
decided to adopt Miriam Smith a girl of mixed Indian and English parentage who
was orphaned when her parent died in an accident. Ahmad Danish loved his wife
and his adopted daughter very much and out of his love and affection, he
instructed his lawyers to transfer his Malay reserved land to his wife Marianna
Abdullah and Miriam. Explain whether the transfer in favour of Mariana
Abdullah and Miriam can be perfected. Support your answer with decided cases
and relevant statutory provisions.
a) Jual Janji is a type of security dealing common to the Malay Muslim community
prior to the introduction of the land administration system where title and interests
can only be acquired by registration. The National Land Code 1965 provisions did
not provide for the creation and registration of Jual Janji transactions.
Nevertheless, the Malay Muslim community is interested in reintroducing the
Jual Janji transactions alongside the Islamic Banking system to afford recognition
to the Malay customary practice. (that is incompliance with the Islamic
principles). Discuss the amendments that need to be introduced to the National
Land Code 1965 to regulate the creation of Jual Janji transactions. Support your
answer with decided case law.
b) Explain the concept of security transaction. Give examples.
Lim entered into a sale and purchase agreement with Ah Hong to purchase a double
storey link house belonging to Ah Hong for the amount of RM500,000.00. The sale is
however, subject to a charge created by Ah Hong in favour of Maybank to secure a loan
amount of RM300,000.00. Lim upon paying the deposit amount of RM50,000.00 to Ah
Hong instructed his lawyers to enter a caveat to protect his interests. The caveat is entered
pending the completion of all legal documentations that facilitate the registration of the
title in favour of Lim. Meanwhile Ah Hong has defaulted in the repayment of his loan to
Maybank as he was of the opinion that since he is selling the property to Lim, he needs
not pay the loan. Lim’s loan documentation were delayed and the money to Maybank
was not released on time. Maybank commenced foreclosure proceedings against Ah
Hong. At the same time, the Registrar entered a Caveat on the request of the Inland
revenue Department to restrain Ah Hong from dealing with the land as there are unpaid
taxes due from his trading business carried under the name of Messrs Lim Eletronics Sdn.
Advise Maybank and Ah Lim on their rights.
a. Explain the differences between a statutory charge and a common law mortgage.
Support your answer with decided cases and statutory provisions.
b. Explain the differences between the private caveat and prohibitory order. Support
your answer with decided cases and statutory provisions.
a. Enumerate and discuss the circumstances under which landowners could possibly
challenge the acquisition of their land by the State Authority. Support your
answer with reference to decided cases and statutory provisions.
b. Enumerate and discuss the circumstances that should NOT be taken into account
when determining assessment of compensation for land compulsorily acquired by
the State Authority.
c. What are the consideration that would be taken into account by the courts in
determining the market value of a piece of land that is to be acquired by State
Discuss the problems faced in managing stratified property in Malaysia. Make
suggestions to improve the existing system. Support your answer with decided cases and