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Yang Amat Arif Tun Tengku Maimun Tuan Mat, Yang Berhormat Judges of the Federal Court, fellow members of the Bar and legal fraternity.

As we continue with today's proceedings, we now turn our attention to another eminent judge whose distinguished service deserves our recognition and gratitude. Tomorrow, on 2 July 2025, our Judiciary will also bid farewell to Yang Amat Arif Tan Sri Datuk Amar Abang Iskandar bin Abang Hashim, as YAA retires from his position as the President of the Court of Appeal.

Background

Yang Amat Arif Tan Sri Abang Iskandar's journey in the legal profession began 42 years ago.

His elevation through the judicial ranks was marked by consistent excellence: Judicial Commissioner in 2007, High Court Judge in 2009, Court of Appeal Judge in 2013, Federal Court Judge in 2018, and Chief Judge of Sabah and Sarawak in 2020. Each appointment reflected not just career progression, but growing recognition of his judicial acumen and administrative capabilities.

When YAA Tan Sri Abang Iskandar was sworn in as President of the Court of Appeal on 17 January 2023, he made history as the first judge from Sabah and Sarawak to hold this prestigious position - the second highest office in our Judiciary. This appointment was not merely symbolic; it represented the recognition of his exceptional qualifications and the trust placed in his leadership.

ABSTRACT

Dropshipping is a widely used business model in the e-commerce industry, where sellers advertise products they do not physically stock and rely on third-party suppliers for fulfilment. This model is attractive due to its low start-up cost and convenience, but it raises several concerns within the framework of Islamic commercial law (muamalat). Islamic principles emphasise clear ownership, transparency, and fairness in trade, all of which are areas of concern in typical dropshipping practices. The main issue lies in whether dropshipping aligns with the requirement that a seller must own or possess the goods before selling them. Other problems include gharar (uncertainty), tadlis (misrepresentation), and price exploitation, particularly when the seller does not disclose their role or the source of the product. This study aims to examine the permissibility of dropshipping from a Shariah perspective and assess how it compares with traditional Islamic commerce. A qualitative approach was adopted, analysing classical Islamic legal sources, scholarly opinions, and real-life dropshipping case studies. The findings reveal that dropshipping may be permissible under certain conditions, particularly when the seller acts as an agent (wakil) with full transparency and does not exploit the customer through unfair pricing or misinformation. However, it is impermissible when key Islamic principles are violated. To ensure Shariah compliance, sellers must clearly disclose their role, possess the product physically or contractually, offer fair pricing, ensure that the items sold are halal, and clearly define their responsibility in the transaction. These conditions help align modern e-commerce practices with Islamic ethical and legal standards.

Globally, there is an unfettered right of access to court proceedings by the public, which is consilient with the principle of open justice as it is regarded as an essential tenet of any justice system to guarantee public confidence, independence, and accountability in the administration of justice. In Malaysia, Section 15 of the Courts of Judicature Act 1964 states that all civil and criminal matters shall be deemed to be open and accessible to the public. Journalists are often keen to report on cases that are newsworthy and those that garners public interest wherein they act as an intermediary between the public and the courts.

To generations who have passed their lives in the law his is truly clarum et venerabile nomen. Lord Denning was a colossus who strode the judicial landscape in the second half of the last century shedding lambent light on ticklish legal corners and illuminating the legal and judicial landscape with his effulgence. He was unique. His tenure as a judge expanded the universe of judicial discourse. This year 2024 marks his 125th birth anniversary (January 23) and today, March 5 is his 25th death anniversary. It is appropriate that we remember him, draw inspiration from his life and work and salute his memory.