International Islamic University Malaysia (IIUM) Law Journal
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Ethical and Legal Issues in Medical Tourism
Get PDFIn these days, millions of people, especially from developed countries, are travelling to other countries for medical treatment. This development is called ‘medical tourism’. Medical tourism is one of the lucrative industries that has expanded rapidly worldwide, including Malaysia. The development is due to factors such as seeking quality medical treatment at lower costs. However, there are certain ethical and legal issues arising from the development of the industry. These issues should be addressed because it may affect the development of medical tourism in the future. Lack of legal recourse and lack of regulation are some examples of legal issues that are discussed in this paper. The ethical issues include the quality of care for treatment provided by medical providers, lack of follow-up care for patients at their home countries, access to care for the local people at destination countries and the issue that arises from the treatment that is illegal in patients’ home countries. The objective of this article is to examine these ethical and legal issues in order to assist the growth of the industry and the country’s economy in the future. This research is based on analysis of primary and secondary sources such as legislation, textbooks, and journal articles that relates to the medical tourism and issues arising from its development. The article concludes that these ethical and legal issues can be resolved by having a uniform medical tourism regulation.
DISCRETIONARY DEATH FOR CONVICTED DRUG COURIERS IN SINGAPORE: REFLECTIONS ON THE HIGH COURT JURISPRUDENCE THUS FAR
No full textFor decades, drug trafficking was a serious offence in Singapore potentially punishable by mandatory death. In 2012, Singapore’s Misuse of Drugs Act (MDA) was amended to give the courts sentencing discretion if the accused can first prove that he was merely a courier, and to better reflect the moral culpability accorded as between mules and kingpins in the hierarchy of drug syndicates. However, there are some complications in proving this. Not only must the accused show that he was merely a courier, he must also show that he had substantively assisted the authorities in disrupting drugtrafficking activities in Singapore. This raises an evidential quagmire as it is for the prosecution to certify that such assistance had indeed been rendered – the accused is therefore incentivised to admit to some form of guilt from the outset rather than to remain silent, since he may be precluded from adducing evidence of his role as a courier once the judge is satisfied that a drug-trafficking charge has been made out. Questions of self-incrimination and presumption of innocence are thus engaged. In addition, it is questionable if prosecutorial discretion should be further fortified by placing the certification power in the hands of the prosecutor. Finally, the MDA only states the preconditions of when there may be a discretionary death penalty, but does not state under what circumstances it should be preferred. Part 1 of this article establishes the background to Singapore’s historical approach towards drug-trafficking. Part 2 provides a synopsis of the first major High Court decision that addressed the amended MDA provision, while Part 3 analyses the decision as well as related case law. Concluding observations reside in Part 4
ABORTION: AN INFRINGEMENT OF THE FOETUS’ RIGHT TO LIFE IN ISLAMIC LAW
Get PDFUnder Islamic law, the life of a human being is sacred and as such, no one is allowed to kill or bring an end to the life of another except in accordance with the law. Whether a foetus under Islamic law is entitled to enjoy this protection or not is a subject that is hotly debated by Muslim scholars. Abortion has a direct link to the right to life because when abortion is done, it simply brings an end to the life of the human being in the womb that is in the process of development. Abortion is generally prohibited under Islamic law because it is tantamount to killing a human being that has not fully developed. Muslim jurists are not unanimous on the stage and conditions that can warrant the permissibility of abortion. This study therefore intends to employ a doctrinal analysis in its methodology to examine the respective views of jurists on abortion. The study examines the definition of abortion from the juristic and medical perspectives, the concept of abortion under Islamic law and authorities from the Qur’an, sunnah and scholars’ views concerning abortion, situations under which abortion may be permitted under Islamic law and the position of the law in some Muslim states. The article ends with a conclusion and recommendations on the practical steps that need to be taken in order to ensure that children’s right to life are well protected even before they are born
The Role of Law Enforcement Agencies in Preventing Dowry-Related Crimes in Bangladesh and India
Get PDFLaws are made for implementation. Needless to say, the effective enforcement of laws depends on proper functioning of the law enforcement agencies. Both the Governments of Bangladesh and India have enacted a number of legislations relating to the issue of dowry. Payment of dowry is a social custom still prevalent in both countries where women have become victims of violence every year. Thus, it is the law enforcement agencies that can prevent the women from the menace of dowry-related crimes through the proper application of existing criminal law. In this context, the role of the law enforcement agencies concerning crimes of dowry is crucial. Enforcement of law is a continuous process from the time an offence is reported till the offender is prosecuted and punished. This is a long process involving various stages such as, investigation, prosecution, trial and judicial decision. In this long procedure numerous agencies e.g., the police, the judiciary and the lawyers play their roles. The article looks at the position in Bangladesh and India because unlike India, where there exists the dowry prohibition Officer who deals with dowry demands, Bangladesh lacks a similar enforcement mechanism. Thus, the objective of this article is to examine the position in both countries where the role and functions of the law and law enforcement agencies are made. The article is developed based on the analysis of secondary sources and the decisions of the judiciary of Bangladesh and India concerning dowry-related crimes
From Earth to Heaven: States’ Criminal Jurisdiction in the Space Station
Get PDFState jurisdiction is a familiar aspect of international law. State jurisdiction could theoretically extend to outer space, and thus it may then be referred to as “Space Jurisdiction”. A state’s jurisdiction in outer space extends to its space objects and inhabitants. As crime on outer space is possible, therefore there is an uncertainty as to whether a state has the jurisdiction to try its nationals or foreign nationals who have committed an offense in outer space and in the space station. This paper aims to contribute to the existing body of knowledge and practice and, more importantly, guide the government agency, should they want to send astronauts to the space station in the future. It examines the legal regime regulating state jurisdiction in outer space in the context of the increasing commercialisation of outer space. This study draws significantly from international law statutes and the literature written by prominent jurists and scholars in space law. It finally offers some possible solutions to the gaps in the legal regime regulating state jurisdiction in outer space
The Extent of Voluntariness in Plea Bargaining for Economic and Financial Crimes in Nigeria
Get PDFThe concept of plea bargaining has globally been recognised and applied in criminal trials so as to enable the accused person to have lighter punishment or to be charge with a lesser offence in a criminal court, while the prosecutor on the other hand will secure conviction. Plea bargaining accommodates the consensual agreement between an accused person and the prosecutor in respect of the case against the accused which is subject to court’s approval or acceptance. In Nigeria, the Economic and Financial Crimes Commission (EFCC) is empowered by law to compound offences and to dispose financial and other related offences against the accused persons. Hence, EFCC uses its discretion to apply plea bargaining to some of the cases it prosecutes with the aim of securing conviction and to recover the illegally acquired property from the accused. In the case of Dieprieye Alamiesiegha, after an agreement was reached between him and the prosecutor (EFCC), instead of him pleading guilty as required by law in Nigeria, he explained the reasons why he pleaded guilty. This article examines the cases of plea bargaining in Nigeria and analyses whether or not the admission of guilt by the accused is voluntarily made or is motivated and influenced by some extraneous factors. This article finds that based on the cases analysed, the acceptance of plea bargaining in Nigeria by the accused persons as applied by the EFCC were not made freely and voluntarily as required by the law and best practices in other jurisdictions. This is because the accused persons were forced into it by some certain extraneous factors that were initiated and proffered by the EFCC against provision of the law
Criminal Prosecution of Doctors in Indonesia: Issues and Problems
Get PDFCriminal prosecution of doctors due to medical malpractice has created controversy in Indonesia. The purpose of the research is to find out the impact of criminal prosecution of doctors in Indonesia, particularly those due to medical malpractice cases. The data were collected through both library-based study and field study in the form of interviews. It is found that criminal prosecution of doctors in the context of medical malpractice has brought about negative consequences such as the exploitation of doctors by law enforcement officers and the practice of defensive medicine. It is found that criminal prosecution of doctors due to medical malpractice should be limited in order to promote justice in the medical malpractice issue. The article concludes with some elaboration on the necessary reforms required in regard to the law relating to medical malpractice in Indonesia
The Double Track System in Sentencing Juvenile Offenders in Indonesia: Strengths and Weaknesses of the Juvenile Criminal Justice System Act 2012
Get PDFIn light of the various legal responses addressing juvenile offenders, the purpose of this article is to review the formulation of a new sentencing system in Indonesia, regulated by the Juvenile Criminal Justice Act 2012 (JCSA 2012) through the examination of the integration of the equilibrium idea of the double track system in JCJSA 2012. The paper uses normative studies, relevant legislation, as well as the concept of sentencing and the double track system to analyse interrelated issues. All data was analysed in order to gain insight and comprehension of the double track system formulated in a legislation. The results indicate that the sentencing system for juvenile offenders in Indonesia is designed to give priority to divertive, restorative and rehabilitative measures than punitive ones. As a reflection of equilibrium idea, the concept of double track system is still partially reflected in JCJSA 2012. Although the equitable position of sentencing is reflected by categorising various types of sentences and treatment, the functions of both remain unclear and overlap one another. Thus, both sentence and treatment may be executed carelessly and the administration of both may not be geared towards the determined goals. In order to prevent crimes, the effectiveness of the double track system greatly depends on the appropriateness of formulating the equilibrium idea through legislation. The analysis of the double track system is worthy for the policy maker to evaluate the existing legislation and to suggest possibilities for law reform
The Damning Effect of Terrorism on the Environment: Towards A Sustainable International Legal Framework
Get PDFThe increasing spate of terrorist activities and its damning effect on the environment through the use of harmful explosive devices calls for a comprehensive study to examine the need for an international legal framework for environmental protection. This paper examines terrorist activities and counter-terror measures and the transboundary pollution effect of such measures in an increasingly populated planet. While adopting an analytical legal research method, this study analyses the environmental effect of terrorism and counter-terror measures using notable terrorist activities such as the 9/11 attack on the United States and relevant international legal instruments promulgated to combat terrorism and its harmful environmental effects. The article concludes that while the act of terrorism should be condemned by all as it is harmful to the environment, counter-terror measures should be well managed to avoid environmental degradation and human collateral damage. An international legal framework will be required to drastically reduce the environmental effect of counter-terror measures.
DEATH OF LOCUS STANDI AND THE REBIRTH OF PUBLIC INTEREST LITIGATION IN THE ENFORCEMENT OF HUMAN RIGHTS IN NIGERIA: FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES 2009 IN FOCUS
Get PDFOne of the various mechanisms put in place in order to address human rights abuses in Nigeria is the Fundamental Rights (Enforcement Procedure) Rules 1979. However, the Rules were punctuated with different challenges and defects ranging from the problems of locus standi to unacceptability of public interest litigation. In an attempt to address this problem, the Fundamental Rights (Enforcement Procedure) Rules 2009 was enacted. This article engages in a critical assessment of the 2009 Rules with a view to ascertaining the extent to which the Rules have come to cure the 1979 Rules. The article begins with a critical examination of defects inherent in the 1979 Rules. It goes further to x-ray the developments brought by the 2009 Rules. The article posits that the 2009 Rules have come as a leverage to problems which have, in the past, denied many litigants the opportunity to enforce their rights and claim compensation. It concludes that if properly implemented, the 2009 Rules will phase out the identified defects and strengthen public interest litigation in the areas of human rights enforcement