International Islamic University Malaysia (IIUM) Law Journal
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The Status of Shari’ah in the Nigerian Legal Education: An Appraisal of the Role of Madaris
No full textThe stiff competition between the English Common Law and the Shari'ah (Islamic Law) throughout the colonial administration in Nigeria to date, has created a gap between the need for expertise in Shari'ah in the nation’s social and judicio-legal environment and the level of training provided by the Nigerian legal education system. This article studies the gap and contends that the Shari'ah content of the curriculum of the institutions offering Common and Islamic Law in particular, is not sufficient to enable its graduates to suitably handle the legion of Islamic legal matters in all levels of courts and other social services in the country. The madaris (Islamic Basic Schools) that should provide basic education to the LL.B Shari'ah or LL.B Common and Islamic law students are disintegrated from the mainstream of the admission requirements for the undergraduate degree programs. It concludes that unless the string between the madÉris and the degree awarding institutions is connected, great disservice will continue to be done not only to the Islamic legal and judicial system but also to the cause of justice
The Regulatory and Commercial Environment for Franchising in Thailand in the Wake of the ASEAN Integrating Market
Get PDFThe franchising sector in Thailand is a fast growing economic sector which is potentially enlarged by the imminent ASEAN market integration in 2015. This leads to significant consideration on the regulatory and commercial environment which plays considerable roles for shaping and supporting the franchising sector in Thailand in the wake of the ASEAN integrating market. Thus, this paper aims to explore the current Thai regulatory and commercial environment for franchising with regard to the ASEAN single market. The paper presents a challenging issue whether there is a lack of specific law for franchising in Thailand. The paper concludes with recommendations that there should be a unified regulation which helps facilitate the development of the franchising sector in Thailand or alternatively, to confer authoritative power to the Department of Business Development to act as an agency governing and promoting the franchising sector in Thailand
The Family Institution and Its Governing Laws in Malaysia as a Vanguard in Protecting the Society from Social Ailments: A Shari’ah Perspective
Get PDFThe family is the basic unit of society that if damaged, will have a direct impact on the society at large. The increase in social problems and criminal activities are among the direct results of the decay of the family institution. Various matters within the family institution contribute to the strengthening or its weakening it. The failure of a man in carrying out his duty as the head of the family is one of the main issues addressed in this article. If he neglects his responsibilities such as non-payment of maintenance or fails to act as a guardian who protects the interests of his children, the direct victim will be the wife and the children. Sufficient evidence show that children brought up in an unhappy or broken family would have a higher tendency to be involved with evil activities outside their homes. This creates a new ailment or adds up to the existing ailments in the society. The role of the wife and mother in ensuring the stability of the family institution is also examined. Issues pertaining to polygamy also have a direct impact on increasing ailments in society, and this is also discussed. Finally, suggestions and recommendations are made in order to improve the current legislations and policies with regard to family matters so as to optimise their efficiency and contribute to minimise the ailments in the society. This article concentrates on the Islamic law as well as the legislation relating to family matters which are applicable to Muslims in Malaysia
The Compatibility of Land Tenure Law in Zanzibar with Islamic Principles: An Analysis
Get PDFZanzibar land law has been influenced by customary tenure, foreign principles and conventional land regulation. Islamic principles, being the most practiced faith in Zanzibar, are also largely reflected in the regulations and laws of land. This article examines the compatibility of the land tenure laws in Zanzibar with Islamic principles relating to land rights. A comprehensive research has been made through legislation, case laws, textbooks, journal articles, Islamic and Muslim literatures to investigate the compatibility of present land laws in Zanzibar on Islamic principles. This article has come to a conclusion that the Zanzibar land tenure is significantly compatible to Islamic principles save with some challenges facing the land tenure laws. For example, Zanzibar land law, as they presently stand, have provisions contrary to Islamic principles such as permitting interests, land monopoly and land confiscation. Hence, some recommendations are given for the Zanzibar Government to take in reforming the land tenure laws adjacent to Islamic principles
International Cross-Border Surrogacy: An Analysis of the Malaysian Legal Position
Get PDFThis article explores the legal implications that arise out of cross border surrogacy arrangements. There is a need to examine the issues that arise out of such surrogacy arrangements because it affects the responsibilities towards the resulting child. The article discusses among others, the problems in determining the legal parents, registration, custody and citizenship of the child. It is submitted that surrogacy arrangements, especially commercial surrogacy undermines the concept of the family and such an arrangement is immoral and opposed to public policy. In discussing these issues, this article first looks at the legality of surrogacy arrangements in Malaysia and around the world. It then analyses the effect of surrogacy arrangements under existing Malaysian laws and examines the possibility of adopting the child in Malaysia. Following that the article then outlines the citizenship issues that arise out of a surrogacy arrangement. A brief discussion on several unsettling issues is then made and the article extrapolates the notion of reproductive responsibility before concluding
Revisiting Freedom of Contract in the Contract of Carriage of Goods by Sea under the Rotterdam Rules: Service Contracts in Disguise?
Get PDFThe historiography of international legal regimes regulating freedom of parties to the contract of carriage of goods by sea is replete with uncertainties and enmeshed in disarray thereby deflecting the much desired effort to have a uniform and acceptable convention. This article examines the issue starting from the era of unfettered “one sided” freedom of “leave it or take it syndrome” down to the regulated hegemony under the Hague/Hague-Visby, as well as Hamburg Rules. This raises the question: to what extent should the freedom of parties be regulated under the proposed Rotterdam Rules? In an attempt to answer this question, the article apprises the antecedents of parties’ freedom under the existing anachronistic regimes in juxtaposition with the practice under the Rotterdam Rules with a view to promoting development of global commerce. The article further observes that the mechanism provided under the canopy of “volume contract” suggests a better package but with its attendant consequences. The article suggests the need for a holistic approach towards ratification of the Rotterdam Rules albeit, subject to some certain amendments with a view of eschewing the egocentric syndrome that pervaded the success of the Hamburg Rules by the major maritime players
Applied Ethics in the Ottoman Legal System in the Balkans: A Case Study of Bitola (Macedonia) with Reference to the Sijillāt al-Shar῾iyyah
Get PDFAfter the Ottoman withdrawal, numerous researchers of the Balkan peoples evaluated centuries of Ottoman domination in a negative and often hostile manner by interpreting it in a nationalistic and often myopic view. Based on archival materials left by the Ottomans, it has become incumbent upon the students to investigate and analyze as objectively as possible the history of Ottoman rule and its legal system in this region. Among all the documents contained in the archives those of the Sijillat al-Shar‘iyyah (Islamic Judicial Records) are considered to be the most important, where in them the reliable objective case-by-case sources are found, not only in legal aspects but also in socio-economic matters and religio-cultural institutions related to both Muslims and non-Muslims. In recent decades, the notion of “Applied Sharī‛ah and Ethics” has been used in a loose manner without a real and proper definition, mostly in matters related to the legality of contemporary business transactions. This article will attempt to discuss and present the correct meaning of applied Sharī‛ah and ethical approach by claiming that the most remarkable sources are the recorded documents preserved in the Sharī‛ah courts. In order to do so, the article focuses on two combined points: the Ottoman judicial records and a case study of the famous Balkan region of Ottoman Bitola (formerly known as Manastir) in Macedonia, where the former archival documents are found. Bitola is chosen as a model for how the Islamic laws were applied during the dominance of Ottoman Empire in the territory. It is well-known that the region of Bitola was a melting pot and a mosaic of various ethnic groups mainly Greeks, Turks, and Albanians, with different religious beliefs comprising of Muslims, Christians and Jews
Towards an Effective Legal Framework for Online Dispute Resolution in E-commerce Transactions: Trends, Traditions and Transitions
Get PDFThe need for convergence of best practices in Alternative Dispute Resolution (ADR) and Information and Communication Technology (ICT) cannot be overemphasised in an increasingly digitalised world. This undoubtedly led to the introduction of Online Dispute Resolution (ODR) few decades ago which is considered a fast, seamless, and convenient means of dispute resolution. With the increasing prominence of e-commerce transactions, several countries and regions of the world are on the quest to provide an effective legal framework for ODR in e-commerce dealings. This article analyses the approaches to ODR legislations for consumer protection in selected jurisdictions. The article finds that a comparative legal approach with some leverage on legal borrowing can help to create the required legal environment for ODR in other jurisdictions.
The Relevance of Islamic Legal Maxims in Determining Contemporary Legal Issues
No full textThis work intends to review how far the maxims of Islamic law (al-Qawā'id al-Fiqhiyyah) applies to emerging issues upon which there are no exclusive legal authorities. The work started by defining the concept of the maxim and its relationship to other genres of fiqh. It went on to discuss its importance, sources and classifications. An important aspect related to maxims of Islamic law is whether or not it qualifies to be a legal authority. The work has been able to show that maxims are appropriate legal authorities as their strength is based on the legal provisions that support them. Using inductive, doctrinal and hermeneutical methodologies, the authors have attempted to review several works and fatwas that have resorted to certain maxims in discussing legal issues related to several contemporary matters. The work is more significant for identifying conditions that should be followed in applying the maxims to contemporary issues. The work concluded by recommending that researchers should stick to these conditions while investigating maxims and their applications to contemporary issues