Universiti Putra Malaysia
Download Latest Complete Journal - JSSH Vol. 23 (S) Nov. 2015
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1
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(Downloads: 13)
Abstract (Viewed: 2)Global oil prices have fallen sharply, leading to significant revenue shortfalls in many energy exporting nations. It should be recalled that from 2010 until mid-2014, world oil prices had been fairly stable, at around US$110 a barrel. But since June last year, prices have more than halved. Stakeholders question the reason for the dip in oil prices. This paper looks at the potential long term solutions in a climate of persisting lower oil prices. The objectives of this paper are, first, to draw attention to the implications of the plunging oil prices in the way that it affects Malaysia, second, to show how Malaysia's reliance on oil exports could become a drag on its economy and third, to analyse the implication and impact of lesser oil revenues on the economy which policy makers should address with a particular focus on the remedial measures potentially available to them through appropriate legal mechanisms, particularly tapping alternative sources of revenue. The methodology includes an examination of the laws and policies relating to income and expenditures and a consideration of mechanisms employed by other countries in raising revenue which are of relevance to Malaysia.Malaysian Economy, Declining Oil Revenue, Revenue Policies, Revenue Laws
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(Downloads: 10)
Abstract (Viewed: 1)This paper examines the interface between competition law and affirmative action in Malaysia. It analyses the different goals of competition law and explains how that may accommodate Malaysia's race-based affirmative action programme (or also known as the pro-Bumiputera policies) introduced via the New Economic Policy (NEP) post 1969 racial riot and adopted in 1971. This paper finds Malaysian competition legislative enactment, that is the Competition Act 2010 (CA 2010), does not make any explicit reference to Malaysia's affirmative policies. Based on an analysis of the existing provisions of the CA 2010, this paper finds that Chapters 1 and 2 prohibitions can be used against 'ethnic cartels' which have the effect of preventing Bumiputera enterprises from participating in the market. This is by allowing the CA 2010 to open up the market to those enterprises providing them the opportunity to participate at all levels of production chain and putting an end to the phenomenon that they have to crowd into the least profitable level.Affirmative Action, Competition Law, Ethnic Cartels, Malaysian Competition Act 2010
3
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(Downloads: 14)
Abstract (Viewed: 3)Committing syariah offences by teenagers has become increasingly worrisome nowadays in Malaysia particularly in the state of Terengganu. News on the arrest of these teenagers by the authorities frequently appears in dailies and reports. If such offences are not controlled or effectively overcome, it will result in moral collapse among the future generations. Therefore, this paper examines the age and gender of the youth offenders and types of offence and Islamic law (Takzir) punishments imposed on them. It also investigates the adequacy of law and enforcement in the prevention of such offences in Terengganu. The study adopts qualitative methodology where data are collected through library research and semi-structured interviews with key informants. Data of Takzir offences in the form of case law decided by the Terengganu Syariah Courts between 2008 and 2013 were analysed. The study found that nearly half of the youth offenders were aged 17 and were girls and most of the offences committed were sexual in nature. This paper concludes by providing suggestions on improving the law and administration process in dealing with these offences.Enforcement, law, punishment, Takzir offences, Terengganu, youths.
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(Downloads: 9)
Abstract (Viewed: 1)The compulsory acquisition of land is a process by which the government acquires from private landowners their lands which are needed for any public purpose or for a purpose beneficial to the economic development of Malaysia. It is a form of governmental interference as it results in the deprivation and removal of landowners from their properties. Many of the Waqf lands donated by an individual or a group for the purpose of charity have been acquired by the government for this purpose. The objective of this paper is to compare two methods of rectifying damages for the loss namely 'compensation' and 'substitution'. The study adopts qualitative methodology where data is collected through library research and semi-structured interviews with key informants. The paper employs descriptive analysis and concludes that the Waqf or donated land will not be taken by the authority without reasonable grounds, but only in critical situations and during emergency.Compulsory Acquisition, Waqf Land, Compensation, Substitution
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(Downloads: 9)
Abstract (Viewed: 2)Plagued with increasing complaints from the public expressing their dissatisfaction on what they perceive as poor quality of service by local government, this paper seeks to investigate the impact of demographic factors of gender, supervisor's gender, organisation type (city council, municipal council and district council), organisational seniority and dyadic tenure towards organisational citizenship behaviour readiness in local government agencies in the Southern region of Malaysia. Data from 222 employees working in nine local government agencies in the Southern region of Malaysia were collected using stratified random sampling approach. Inferential statistics of t-test and ANOVA test were employed using SPSS version 20. Results revealed that dyadic tenure and organisation type have significant influence in elevating employees' Organisational Citizenship Behaviour. Gender, supervisor's gender and organisational seniority were found to be immaterial and to be equal among these respondents. Generalization of these findings cannot be assumed and a larger geographical coverage throughout Malaysia is highly recommended so as to make the findings more meaningful. Empirical evidence provided support that demographic factors could have significant impact towards elevating Organisational Citizenship Behaviour. Thus, the management should take proactive action in ensuring that these demographic factors can be manipulated towards achieving its mandated objectives and to instil public confidence in the multifarious services provided by the local government.Demographic, Local Government, Organisational Citizenship Behaviour, Southern Malaysia
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(Downloads: 13)
Abstract (Viewed: 2)In any part of the world there have always been and will always be children who will not follow their parents' orders, run away from home, play truant, smoke or commit other misbehaviours. In most countries, they are known as 'status offenders'. Frequent commission of these non-criminal acts indicates that the children are beyond control of their parents which accordingly places them in a risk of delinquency. Many studies have linked these behaviours with crime whereby ineffective rehabilitation will lead to the commission of serious offences such as injuring, raping and killing. The aim of the study is to examine the concept of children beyond control in terms of its definition and rehabilitative measures adopted in several countries including Malaysia, Singapore, England and Wales, Scotland and United States of America. It employs library research (textual) method for data collection. The study analyses statutes, books, journals, reports, newspaper articles, conference proceedings and other periodicals. It concludes that although children beyond control across the world manifest relatively similar examples of behaviours, different concept of children is applied whereby some countries manage them as children in need of care and protection while others treat them as juvenile offenders. In either practice, the international standards which support restorative justice are increasingly adhered to for the best interest of the children.Children beyond control, legal perspective, status offence
7
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(Downloads: 8)
Abstract (Viewed: 1)The term Wali (loosely translated as guardian in English) in general refers to a person who consents to or executes a marriage contract. Under the majority school of law (jumhur) including the Shafie, Wali constitutes one of the pillars of marriage, the absence of whom will render the marriage void. However, under the Hanafi school of law, Wali is not a pillar but merely one of the conditions for execution of a marriage contract and his absence does not appear to render the marriage invalid so long as the marriage fulfils some other conditions and the Wali does not intervene in the marriage of his ward. Nevertheless, this condition does not deny the importance of Wali in the marriage of his ward. This paper attempts to highlight and emphasise on the fact that the appointment of Wali in marriage of a woman is significant in protecting the women's or the wards' welfare (Maslahah). The paper also examines the importance and wisdom of having Wali in marriage of a woman and explores why the consent of Wali is considered crucial particularly under the majority school of law. Additionally, a comparative analysis on the requirement of Wali under the law in Malaysia and several Muslim countries will be conducted. The paper is based primarily on library research though interviews with certain scholars and their opinions on the importance of having Wali in marriage have been taken into consideration. It is believed this study will contribute significantly to knowledge on this subject especially on the philosophy and wisdom of having a guardian (Wali) under Islamic law. This is in the face of a rising trend among many Muslim women nowadays (with special reference to Malaysia) to disregard the need for a Wali while contracting their marriage.Marriage, Guardian in marriage (Wali), Women's Interest, Maslahah
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(Downloads: 9)
Abstract (Viewed: 3)Irregular migrants are defined as persons who enter into a particular country through illegal means or persons who had lawfully entered into the country but overstayed after the expiry of their permits. Irregular migrant children are children who are born from these irregular migrant parents. Irregular migrants do not have the right to stay in the country and thus they are subjected to detainment and deportation to their home country according to the law of immigration. This process usually takes time and during this period, many of their children's basic rights may be refused or denied, such as the right to education and the right to health care. In Malaysia, the law does not guarantee the right to education for irregular migrant children and thus, they would continuously be denied of this right so long as they remain in Malaysia illegally. This would significantly affect their intellectual development which is vital for preparation of adulthood. Hence, the paper seeks to examine the legal aspects of the right to education for irregular migrant children under the Malaysian laws and under the International law and to compare that with the laws of United Kingdom.Irregular migrant children, right to education, human rights
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(Downloads: 9)
Abstract (Viewed: 1)The Power of Attorney (PA) is a legal instrument or document that is created by the landowner (the Donor) in favour of the recipient of the PA (the Donee) as the Donor's attorney in land transactions. The recent statistics for 2009 - 2013 issued by the Commercial Crime Investigation Department (CCID), Royal Malaysia Police (RMP) indicate that the misuse of PA in land transactions is the most common modus operandi used in land scam incidents. A huge increase in land scam cases using the PA is very alarming primarily because such incidents could potentially compromise the security and legal ownership of registered lands. Thus, this paper attempts to analyse land scams involving the PA and to make some recommendations or suggestions that could prevent the occurrence of these cases in the future. The study will also scrutinise the provisions of the Power of Attorney Act 1949 in order to determine whether such a statute could provide some solution to this problem. The paper is largely based on socio-legal study that adopts a qualitative approach. It also involves semi-structured interviews with the Registrar, Land Administrator as well as officers at land offices in addition to literature review and content analysis. The study concludes that fraudsters employ several methods in land scam incidents using the PA. It is further observed that the Power of Attorney Act 1949 is currently very much deficient in handling or tackling such a crime in the country.Land Scam, Fraud, the Power of Attorney, the Power of Attorney Act 1949, Proposed Solution
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(Downloads: 11)
Abstract (Viewed: 3)Domestic elder abuse is a social problem. In some countries, it had affected a large number of the elderly. Although this issue has gained prominence for over two decades, in Malaysia, the information on this is still scarce. Most of the elder abuse cases were not reported and concealed from public knowledge. Victims too, rarely report the abuses perpetrated by their own family members. This study aims to examine the experiences of the elderly in Malaysia who have sustained domestic abuse. Face-to-face in-depth interviews were conducted on ten (10) people aged 60 year and above were residing in Rumah Seri Kenangan (an old folks home) in Pengkalan Chepa, Kelantan. Each interview took an average of 15 to 30 minutes and was stopped when the information reached a saturated level. Observation on the physical characteristics of the elderly was done during the interview. The findings showed that majority of the elderly had experienced one or more abuses. The most reported forms of abuse were emotional and financial abuse. The main perpetrators were the adult children or their spouses. Through observation, the study found that the victims had similar characteristics namely physical disability and one or more chronic illnesses.Abuse, elderly, neglect, risks factors, perpetrator
11
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(Downloads: 6)
Abstract (Viewed: 1)Good faith is arguably the most controversial concept in Australian contract law despite no high court decision deciding its application. The case of Renard Constructions (ME) Pty Ltd v Minister for Public Works (1992) 26 NSWLR 234 introduced the concept of good faith for the first time by way of obiter comment by Priestley J. In this case, it was argued that good faith is implied by 'Implication'. The objective of this paper is to analyse the issue of incorporating the concept of good faith in Australian contract law either by way of 'Implication' or 'Construction'. There are two types of implication of a term; 'implied by fact' and 'Implied by law'. This is a library-based research paper and uses a qualitative approach to compare both approaches in implying the concept of good faith. The paper concludes that good faith is easier to identify from the term 'implied by law' which is based on the legal incident of a particular class of contract.Good faith, implication, construction, contract law, Australia
12
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(Downloads: 7)
Abstract (Viewed: 1)One of the procedures introduced by the Government of Malaysia for Muslims before the solemnisation of their marriage is mandatory premarital HIV screening. The purpose of this procedure is to have an early detection of HIV infection which could reduce the possibility of sexually transmitted diseases to the offspring. This paper examines such a policy and reveals significant loopholes in the policy and its implementation. There are two types of methods employed in this study: library research and field research. Library research is used to examine the existing policy and its related issues such as social and medical issues. The finding is supported by field research in which semi-structured interviews were carried out with several respondents from the related institutions. The findings of the research revealed significant weaknesses in the current policy from both procedural and administrative aspects. These include a general lack of coordination in governing the screening programme, the absence of standard procedures in its implementation and the absence of guideline in maintaining confidentiality, among others.Mandatory, premarital, HIV Screening, weaknesses
13
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(Downloads: 9)
Abstract (Viewed: 1)Distribution of matrimonial assets to a deceased's spouse is often fraught with difficulties taking a long time for settlement . This is due to the current provision relating to division of matrimonial asset based on the parties' contribution to determine the appropriate proportion to the deceased's spouse. Lack of evidence especially in proving the contribution of parties has caused difficulties for courts to reach a decision. This paper is aimed at examining the effectiveness of Sulh with regards to the distribution of matrimonial asset upon the death of spouse. It uses qualitative method by collecting information from unreported cases within the period of 2000-2012 from six zones representing Syariah Courts in Malaysia. Analysis is made based on several variables such as types of matrimonial property, factors for consideration and proportion of distribution of assets. The findings show that Sulh is an effective method to resolve issues relating to the contribution of parties in division of matrimonial asset due to death of a spouse. The findings also revealed that exclusive ownership of matrimonial assets, especially matrimonial home, by the deceased's wife could provide adequate security and protection for her upon the death of her husband. Therefore, this study suggests the use of Sulh as a mode of dividing matrimonial assets should be widely practised to prevent a costly and lengthy litigation process.Effectiveness, Matrimonial Asset, Spouse's death, Sulh, Syariah Courts
14
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(Downloads: 7)
Abstract (Viewed: 3)Arbitration is one of the important alternative dispute resolution (ADR) methods. Being an alternative method, it has advantages over the conventional dispute resolution mechanisms i.e. court litigation. This paper examines the law governing arbitration as a method of resolving disputes in Islamic banking and finance in Malaysia. Main provisions of related statutes and rules are discussed, as well as related issues. This paper adopts library research method and analyses relevant statutory laws, decided cases, books, journals, law reports, newspaper articles, conference proceedings and other periodicals. This paper concludes that although the law related to arbitration in Islamic banking in Malaysia is already in place, improvements are needed to ensure the arbitral process is more in line with the Shariah principle.Arbitration, disputes, Islamic banking and finance
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(Downloads: 6)
Abstract (Viewed: 4)Indigenous cultural expressions, a component of traditional cultural expressions (TCEs), are drawing tourists to Malaysia by their millions and hence are considered valuable resources that need to be preserved to ensure their sustainability. Equally valuable are the indigenous arts and handicrafts which are sold and traded by craft centres set by the government or by private sellers. Unfortunately, these arts and handicrafts have fallen prey to counterfeit and fakes. This paper examines national initiatives to regulate the sale of indigenous people's arts and crafts as a means of constraining the misappropriation of these cultural expressions in Malaysia, and compares these initiatives with those in Australia, New Zealand and the United States of America. This paper uses the mixed methods of library-based and qualitative research. The latter consists of unstructured, face-to-face interviews with respondents from selected communities of aborigines in Peninsular Malaysia as well as Sabah and Sarawak. The focus is to explore and understand the problem and to observe whether misappropriation and dilution are real issues within the indigenous people. Based on the information and data collected from the interviews, the problem of misappropriation proves to be a real threat to the sanctity of indigenous people's cultural expression, in particular their arts and crafts. The paper concludes that Malaysia must adopt a multi-pronged approach including a range of laws to effectively curb the misappropriation of indigenous arts and crafts as well as preventing them from being diluted.Traditional cultural expression, arts and crafts, indigenous people, cultural heritage
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(Downloads: 12)
Abstract (Viewed: 2)Sexual harassment conducts such as patting, pinching, constant brushing or touching an inappropriate area of another person's body, making sexually-related comments, jokes and graphic drawing, making degrading comments on one's appearance and displaying sexually suggestive pictures, among others, are examples of situations in which the honour and dignity of an employee is violated. Such conduct, if allowed to go unchecked, would create an 'intimidating, hostile and offensive work environment that can adversely affect the industrial relations climate in the organisation'. In most cases, the victims get annoyed, angry and even embarrassed by the unwanted sexual attention, as it belittles their person. The aggrieved worker may experience emotional trauma, anxiety, nervousness, depression and low self-esteem. Further, it may also affect the employee's morale and job performance such as causing difficulty in concentrating on the job. Employers may avoid liability if they exercise reasonable care to prevent or correct promptly any harassing behaviour. If a co-worker is involved, employers are generally liable if they knew or should have known of the misconduct, unless they can show that they took immediate and appropriate corrective action. Further, failure to respond to bona fide complaints of sexual harassment would constitute a breach of the implied trust and confidence term. In the aforesaid breach, the aggrieved employee may resign and claim constructive dismissal. This paper explores the possible causes of action in tort against the assailant and the employer of the aggrieved worker for general and specific damages for the alleged assault and battery arising from incidents of sexual harassment.Sexual harassment, employer liability, vicariously liability
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(Downloads: 9)
Abstract (Viewed: 1)On 25 March 2015, Saudi Arabia launched a military intervention, known as "Operation Decisive Storm", in civil-war stricken Yemen, changing the status of the conflict from 'non-international armed conflict' (NIAC) to 'international armed conflict' (IAC). Saudi Arabia conducted the operation in response to a de jure Yemeni government request, headed by President Abd Rabb Mansur Hadi, and in coordination with a coalition comprising the United Arab Emirates, Qatar, Kuwait, Bahrain, Jordan, Morocco, Sudan, Pakistan and Egypt. The United States supported the coalition by providing 'logistical and intelligence support'. The de facto Yemeni government was led by Abdul Malik al-Houthi (a Zaidi Shia Muslim) and previously, by former President Ali Abdullah Saleh (a Sunni Muslim). The de facto government was supported by Iran. Some observers described the war in Yemen as a proxy war fought on behalf of Iran and the Saudi government while the victims of the war were the poverty-stricken innocent civilians of Yemen. The conflict in Yemen raised numerous questions that this paper attempts to answer. Does Operation Decisive Storm show lawful use of force? Is Iran's support of the Houthi-led de facto government lawful? Is this conflict an international armed conflict or a non-international armed conflict? Does international humanitarian law (IHL) apply in this conflict and if so, do the parties to the conflict abide by their obligation under international law? These questions will be discussed in this paper with reference to the relevant international law provisions using primary sources as well as subsidiary sources of the law.Yemen, Saudi-led coalition, military intervention, legality of the use of force, IHL
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(Downloads: 8)
Abstract (Viewed: 1)The Department of National Unity and Integration (DNUI) designed community mediation programmes to provide mediation as a method of dispute resolution to be adopted at community level. The Department trained "Ahli Jawatankuasa Rukun Tetangga" (Neighbourhood Committee Members) to be community mediators. The objective of this paper is to study the challenges faced by these community mediators in practising and subsequently, providing mediation services to the community as well as the challenges faced by the Department in supporting the community mediators. The authors adopted the qualitative research method to gather data in writing this paper. From the data collected, it was found that community mediation programmes are new, the mediators were yet to be recognised widely in Malaysia, there was not enough promotion and the funds allocated for the programme were limited. These are the challenges faced by both the community mediators and the Department. It is suggested that the community mediation programme in Malaysia be given a proper centre and administrative structure in each state so as to ensure that the programme is administered by an appropriate body that will overcome all challenges, allowing the programme to succeed.Community mediation, challenges, dispute resolution, Rukun Tetangga, Neighbourhood Committee
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(Downloads: 8)
Abstract (Viewed: 3)Prior to 2012, the business practice and legal frameworks in Malaysia were primarily carried out in the form of sole proprietorships, partnerships and registered company. However, with the development of the economy, the general partnership structure was found to be no longer suitable for some of businesses, particularly professional ones. The rising cost of conducting trade and litigation has forced partners to take precautions with regards to liabilities connected with doing business. This led to the introduction of limited liability partnership (LLP). In Malaysia, the Limited Liability Partnership (LLP) Act was enacted in February 2012; it introduced a new business vehicle in the local market. LLPs are seen as alternative business vehicles for professionals in Malaysia who are not allowed to carry out business in the form of companies, namely lawyers and accountants. Such restriction is provided by the professional's regulatory body such as the Bar Council and the Malaysian Institute of Accountants. With the introduction of LLP, these two professions are allowed to enjoy quasi limited liability by carrying out their private practice in the form of LLP. This paper discusses the legal framework of Malaysian LLP and how it is useful for the legal and accounting private practice.Limited liability partnership, professional businesses, Malaysia
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(Downloads: 9)
Abstract (Viewed: 1)Research into Maqasid al-Shariah (objectives of Islamic Law) has been conducted since the era of al-Juwaini and al-Ghazali. Islamic scholars today try to accommodate the application of Maqasid al-Shariah in a plethora of complex and complicated issues. Generally, the essence of Maqasid al-Shariah is to avoid evil and uphold public interest. Maqasid al-Shariah is important because the law or rules (hukm) will only be effective among Muslims and acceptable in the eyes of God if they are made within the purview of Maqasid al-Shariah. As members of the modern world community, it is inevitable that Islamic countries will need to participate in international treaties. However, there are several provisions in international treaties that may not commensurate with Maqasid al-Shariah. Islamic countries that tend to uphold the principles of Shariah have to ensure that every law, including international treaties, observes the principles of Maqasid al-Shariah in order to make such laws effective and acceptable as mentioned above. This paper, therefore, aims to analyse the essence of Maqasid al-Shariah and use it as a parameter for Islamic countries to participate in international treaties. This parameter can be a guideline for Islamic countries as to whether to consent, reserve or object to provisions in international treaties.Maqasid al-Shariah, parameter, public interest, consent to be bound, international treaties
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(Downloads: 7)
Abstract (Viewed: 3)The contract of employment is the main instrument governing an employment relationship, with explicit deliberations on the rights and duties of parties to the contract, namely the employer and the employee. In a collective bargaining process, trade unions will scrutinise the terms and conditions of a contract of employment to seek possibilities of engaging and expanding the employer's managerial prerogative right in the bargaining process to maintain industrial harmony. Section 13 of the Industrial Relations Act 1967 has limited trade unions from encroaching on the employer's managerial prerogative rights in a collective bargaining process. Thus, employers are vested with vast discretionary power in the exercise of their day-to-day management duties. This particular section has triggered the query as to whether managerial prerogative right is absolute and unchallengeable by employees. The purpose of this article is to investigate the relevancy of managerial prerogative on the employer-employee relationship. As an initial study into the concept of managerial prerogative right, the methods used are the doctrinal analysis of statutory provisions, judicial decisions and relevant government policies.Contract of employment, employer and employee relationship, employer's managerial prerogative, Industrial Relations Act 1967
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(Downloads: 16)
Abstract (Viewed: 1)One of the vital components of a successful private legal practice is good account management. Legal firms have a unique business process and specific rules on how accounting records should be kept and recorded. At present, there are many software packages for legal account management systems such as the MyCase web-based legal practice management software and the QuickBooks legal accounting software. However, for small- and medium-size legal firms in Malaysia, the software designed for international use might not be suitable. The majority of local law firms are SMEs and most of the time, their account management is done by the lawyers themselves. With limited knowledge of accounting and business management, it is not a surprise that many legal practitioners face difficulties in managing their accounts. LAFAMS (Law Firm Account Management System) was developed to assist legal firms to manage their financial transactions, monitor their performance, record cash inflow and outflow and facilitate the auditing process. The system requires only the basic Windows operating system and is easy to operate. The report produced by LAFAMS should be sufficient for submission to the Bar Council as evidence of proper account-keeping by legal firms.Account management system, law firms, SMEs
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(Downloads: 8)
Abstract (Viewed: 1)A UN Security Council reform has been overdue for decades. Throughout its entire history, reform only took place in 1963 with the addition of four non-permanent seats. Calls for an increase in the number of the Security Council's permanent seats for representatives of developing nations have been loud. The 57 members of the Organisation of Islamic Cooperation (OIC), the largest Muslim organisation in the world and the second largest inter-governmental organisation outside the UN spreading over four continents, is demanding a permanent seat on the United Nations Security Council (UNSC). The need was considered vital due to the spate of events such as the Palestine issue, the September 11, 2001 incident, the global war against radical Islamist terrorists, the Arab Awakening, the UN Security Council's deadlock on the Syrian crisis, Iran and a host of other issues from setting gender policy to human rights, all of which have further amplified a sense of alienation between Muslim communities and the West. This research examines the events that obliged the OIC requests. It identifies the appropriate members for the requested seat and highlights the future benefits of the seat to OIC. The findings of this paper seek to provide a major breakthrough recommendation for the OIC permanent seat on the UNSC.Reforms, Security Council, OIC, permanent seats, representation, request, unity, trust
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(Downloads: 14)
Abstract (Viewed: 4)For more than 40 years, there has been growing interest in the socio-political and economic interactions between Malaysia and individual Arab Gulf States. This is most likely because of the economic interaction between these nations and Malaysia as well as the religious affinity between Malaysia and the Arab Gulf states. This has invariably led to the proliferation and establishment of numerous non-state actors who are also playing momentous roles in enhancing bilateral relationships. The aim of this paper is not only to examine and investigate the influence and contributions of non-state actors in enhancing Malaysia's relationship with the Arab Gulf states but also to provide a significant attempt to assess the role of Malaysian non-state actors in shaping future direction with the Arab Gulf countries and the extent to which Malaysian foreign policy has intensified the role of non-state actors.Non-state actors, Arab Gulf States, Malaysia, foreign policy
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(Downloads: 12)
Abstract (Viewed: 1)A domestic contract refers to an agreement between persons having a family relationship. Despite the general rule of contract, parties in social, domestic and family agreements may not have the intention to create legal relations, but domestic contracts are legally binding. In the context of family law, domestic contracts normally involve marriage contracts and separation agreements that include, among others, the pre-nuptial agreement, settlement agreement, division of matrimonial property agreement and custody of children agreement. Despite the common nature and structure of the domestic contract as a typical agreement, there are concerns from family law practitioners that domestic contracts should be interpreted differently from the commercial or other types of contract and judges should have special or additional factors of consideration in giving effect to these contracts. In Malaysia, there is a proposal for the formation of a Family Court to improve procedures and provide better service to families. The main objective of the Family Court would be to empower the parties to resolve their disputes by mutual consent and in a manner that best serves the needs of the children involved. With the proposal for the establishment of a family court, it is very important for the court to determine the approaches that shall be applied by the said family court in domestic contracts in comparison to judicial approaches in commercial contracts. This paper examines approaches of the courts in dealing with family law contracts and compares them with the judicial approaches in domestic agreements between family members under general contract law. The research methodology adopted in this paper is the statutory and doctrinal analysis.Domestic contract, family law, contract law
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(Downloads: 10)
Abstract (Viewed: 1)This study proposes a model of a mosque tour guides certification programme to promote religious tourism and Waqf management as developed by Ukhwah Samara, a non-profit organisation. The certification programme would begin with training to up-grade the knowledge of existing registered tour guides and include basic understanding of Islamic history and civilisation. A practical training and assessments for the certification would be conducted in participating mosques following the completion of the initial training. Ukhwah Samara together with four other bodies, namely, the respective mosques, State Islamic Religious Council, Sabah Tourist Guides Association (STGA) and World Federation of Tourist Guide Association (WFTGA), would be involved in this international certification process. In addition to generating Waqf revenues for the mosques, the outcome of the proposed training model is to educate tourists in the unique social and cultural diversity of local ethnic communities. The study contributes to current literature, which is limited, on religious tourism and Waqf management in Malaysia, and provides recommendations to improve the financial sustainability of mosques through religious tourism certification.Mosque certification, religious tourism, Ukhwah Samara, Waqf management, World Federation of Tourist Guide Association
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(Downloads: 8)
Abstract (Viewed: 2)Marriage in Islam is a sacred institution. It is a form of ritual submission to Almighty God. For a marriage to be valid, one of the pre-requisites is that it must be entered into in the presence of the female party's guardian (Wali nasab), who must be a blood relative or she must at least have obtained his consent. In the absence of this guardian or without his consent e.g. through deputed power, the marriage is rendered invalid unless it is solemnised by the head of state or his deputy (Wali raja) i.e. the Wali who generally has authority over Muslims in the territory. Nevertheless, there is contention that marriages in need of solemnisation by a Wali raja are prolonged most probably due to procedural difficulties that arise in the process of application for Wali raja or other factors. This paper seeks to examine whether this contention is true and what are the procedural difficulties in obtaining such consent of the Wali raja and what are the ways to overcome those difficulties if any. The research conducted for this paper was basically qualitative, where analysis was based on written procedures and practices outlined by the law. It is hoped that this research will be beneficial to all researchers, academicians, the legal fraternity and the public as a whole.Marriage, guardian/Wali, procedural difficulties, Wali nasab, Wali raja
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(Downloads: 15)
Abstract (Viewed: 2)Fatwa in general refers to the legal opinion issued by any Muslim jurist (Mufti) relating to certain rulings of Islamic law. In principle, Fatwa serves as a means of clarifying any issue that arises in Muslim society. This reflects that Fatwa and Mufti are two crucial significant tools of providing legal guidance within the ambit of the Shari'ah governing Muslims in their day-to-day affairs. This is because even though Fatwa is not legally binding when it is issued, it carries a significant effect in contemporary society as it provides guidelines and rules to follow. This paper seeks to examine the significant role of Fatwa and Mufti, respectively in contemporary Muslim society. Discussion will include definition of Fatwa, conditions of Fatwa, qualification of persons eligible to issue Fatwa, scope and purview of Fatwa, legal effect of Fatwa on the Muslim community and the role of Fatwa and Mufti, respectively in attending to issues and problems arising in contemporary Muslim society. The research will mainly adopt library research in providing a sound legal theory of Fatwa under Islamic law. It is believed that the findings of the research will provide a clear guideline relating to the role of Fatwa and Mufti in contemporary Muslim society that will benefit the Fatwa institution in Malaysia in particular and the public at large.Fatwa, Mufti, Islamic law, role of Mufti
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Abstract (Viewed: 2)This study examines problems in the enforcement of Nafkah orders of the Syariah Court. Despite the fact that the Syariah Court is guided by comprehensive statutory laws, complaints on matters related to the enforcement of Nafkah orders remain unresolved. Previous studies on this issue showed that women and children were the most affected group due to the weak enforcement of the Syariah Court's Nafkah orders. Therefore, this study was undertaken to examine and identify problems that have resulted in failure to enforce Nafkah orders. This research uses the qualitative approach based on legal doctrine and data collection from field study. Data were obtained through examination of files from court and from informants, namely, officers from the Syariah Court as well as clients of the court. The study discloses an obvious co-relation between complex and lengthy processes, unnecessary time consumption and cost inefficiency with the enforcement order of Nafkah. This article is the preamble to an envisaged study on the enforcement of the Nafkah order in the Syariah Court. The results will be useful for further improvement of existing legal provisions in Malaysia.Syariah Court, Nafkah order, enforcement, procedure
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Abstract (Viewed: 2)Having a good relationship with family members is the utmost consideration in family life. This socio-legal study focusses on the family institution, in which all family members play pivotal roles in determining the wellbeing of the family. The main objective of this study is to understand family relationships in terms of legal awareness among family members. The survey was the main method used in this study and it will be analysed using statistical techniques. The semi-structured interview was also employed in this research. The study shows that most rural folks prefer mediation in settling disputes. The findings of this research are expected to fill the gap in socio-legal literature on Muslim marriage matters and to provide valid reasons for designing a new policy and regulatory framework to deal with the implementation and enforcement of Islamic Family Law in Malaysia.Family relationship, mediation, legal awareness, rights and duties

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