International Islamic University Malaysia (IIUM) Law Journal
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SUSTAINABLE CONSTRUCTION IN THE DIGITAL AGE: SPECIAL REFERENCE TO THEORIES OF SUSTAINABILITY AND SDGS IN GREEN BUILDING
Full text linkMost industries are on the edge of revolution owing to the rise of automation and disruptive technologies. Like other industries, the construction industry is also undergoing a substantial transformation due to digitalisation. Amidst the revolution, the nature of the construction industry in its practices and activities, coupled with the industry players’ paucity of environmental consciousness, has significantly contributed to the decline of ecosphere health. Finding a balance between rapid growth in the economy, widespread digital adoption, increase in population, and environmental threats is critical. At its core, sustainable construction processes adhere to the sustainable development philosophies as outlined by the World Commission on Environment and Development in the Brundtland Commission’s report, Our Common Future, published in 1987. This paper discusses the theoretical framework upon which sustainable construction practices and green building principles were conceptualised. The analysis of the heuristic approach to philosophical foundations demonstrated the critical nature of making correct policy decisions (on development) and its significant implications, particularly towards nature. Additionally, this paper examined and identified the construction industry's potential contributions to attain the global agenda of the 2030 Sustainable Development Goals. The findings in this article will assist policymakers in the construction industry in balancing between the interests of the stakeholders and the protection of the environment in the technological epoch
CIVIL LIABILITY OF AUTONOMOUS VEHICLES: A REVIEW OF LITERATURE
Full text linkAutonomous vehicles are seen as a recent trend that has brought about changes in conventional driving. Although autonomous vehicles may bring a significant increase in safety, mobility, and productivity, it is not entirely fool proof and there can still be unfortunate incidents. In a normal car, the driver oversees the vehicle and may be liable both criminally and civilly if he fails to control his vehicle. However, in cases involving autonomous vehicles, the driver alone may not be in control of the vehicle; instead, the autonomous vehicle software navigates the car. This paper adopts a doctrinal methodology to conduct an issue-based literature review pertaining to civil liability issues for road accidents involving autonomous vehicles. The issues identified are: liability, the standard of liability, the safety regulation of autonomous vehicles, and insurance as the compensation mechanism for accidents. The review helps to organise the literature according to the themes and to derive lessons learnt from the literature
LEGAL CHALLENGES IN COMBATING CHILD TRAFFICKING IN MALAYSIA
Full text linkMalaysia has enacted the Anti-Trafficking in Persons and Anti-Smuggling of Migrants 2007 (ATIPSOM) Act in regulating the crime of human trafficking in Malaysia. The Act has to be read together with other relevant legislations, for instance, the Child Act 2001, Immigration Act 1956/63, and Child and Young Person (Employment) Act 1966 (Amendment) 2019. Additionally, since Malaysia is a signatory of the international instrument related to human trafficking, the implementation of the laws is required to observe the international standard. Such as, international instruments include the Protocol to Prevent, Suppress, and Punish Trafficking in Persons especially Women and Children, the Convention on the Rights of the Child, the Optional Protocol for the Sale of Children, Child Pornography, and Child Prostitution. This paper aims to analyse the challenges in implementing the existing laws to combat child trafficking in Malaysia. Therefore, this study adopted a qualitative approach that applies the doctrinal and non-doctrinal components by utilising library-based resources and conducting semi-structured interviews with relevant agencies. The findings indicate that there are loopholes in enforcing several domestic laws to comply with the international standards and necessitates improvements in terms of criminalizing child trafficking cases, demand and supply of a child for sexual exploitation, child adoption process, and the status of refugee children
INTELLECTUAL PROPERTY LICENSES AND ASSIGNMENTS IN IRANIAN LAW: FROM TRADITIONAL RULES OF CONTRACT LAW TO NEW NECESSITIES OF MODERNISATION
Full text linkAssignments and licenses of intellectual property rights have become very common and important in the Iranian economy. Due to this development, the legal system needed to undergo reforms to cater to the specific characteristics of these types of contracts. To achieve this, the Iranian legislator has attempted to provide a number of articles in the main laws concerning intellectual property agreements. Two bills concerning industrial property and literary and artistic property have been drafted which include several provisions in this regard. This descriptive-analytical article intends to introduce licenses and assignments of intellectual property rights in Iran and explain the rules applicable to them in order to provide a basis for further studies on this topic. The findings of this study show that the attempts made by the Iranian legislators to regulate the assignments and licenses of intellectual property rights, although valuable, are not perfect and thus, it is recommended that specific provisions are enacted to deal with different aspects of those contracts. Until the legislator takes that step, where necessary, such contracts are governed by the general rules of traditional contracts which originate from the rich sources of Imamiah jurisprudence and legal doctrine
PROTECTING GIG WORKERS' INTERESTS IN MALAYSIA THROUGH REGISTERED ASSOCIATION UNDER SOCIETIES ACT 1966
Full text linkThe gig economy model has had a significant impact on global economic growth. Through contracts for services, job seekers or gig workers will have opportunities to work in many sectors with limited advantages and benefits. This gig economy model has posed challenges to employment and industrial relations due to the gig workers' status as independent contractors. In the absence of trade unions to speak on their behalf, the service providers may neglect and manipulate their rights and interests. This paper aims to explore the alternative body to protect the interest of the gig workers and to be the main stakeholders in the gig economy. This article uses doctrinal legal research to analyse the best platform for gig workers to unionise. This article analysed legal documents, namely legal provisions from various legislations and case law using the content analysis approach, and thereafter proposed the best legal structure to protect gig workers' rights to unionise. This article found that the registered society structured under the Societies Act 1966 is the most suitable platform which can play an important role similar to trade unions in its functions to represent gig workers' interest in Malaysia
THE MADINAH CHARTER IN LIGHT OF A MODERN CONSTITUTION
Full text linkThe impetus for writing this article came from the notion of Muhammad Hamidullah, a renowned twentieth-century Islamic scholar. He has described the Madinah Charter as the world's first written constitution. As the modern constitutions contain certain fundamental features embedded within them, such as the separation of powers, the rule of law, which includes the fundamental rights and liberties of the people, supremacy of the constitution, and custom of the country, this article examines the objectives and fundamental features of the Madinah Charter. The research methodology adopted in this article is a doctrinal analysis by referring to the Madinah Charter as discussed in the book by Hamidullah, The Prophet's Establishing A State And His Succession. From the objectives and fundamental features of the Madinah Charter, the article extracts some similarities between the objectives and fundamental features embedded in a modern constitution. This brings out the argument of whether the Madinah Charter can be recognised as the world's first written constitution despite not being categorised as a modern constitution
AN ISLAMIC PERSPECTIVE ON THE RULE OF LAW
Full text linkThe rule of law means the government must operate based on the principles of law. The rule of law is significant for good governance and sustainable development. For this reason, all States need to improve this aspect in their governments. Muslim States may need motivation from the religion itself, and in order to cater to this need, this article discusses the rule of law based on the Islamic sources of reference, including verses of the Qur’ān, the practice and saying of Prophet Muḥammad (s.a.w.), and the practice of his Rightly Guided Caliphs. This article finds that the idea of the rule of law is embedded in Islam, though some of its provisions on fundamental rights may not be universally acceptable
SUB JUDICE AND GAG ORDER: THE RECENT DEVELOPMENT IN MALAYSIA
Full text linkHigh profile court cases always attracted media attention for public interest purposes. As a liaison between the court and the public, the media broadcast or report the case on their media channels and newspapers. From these broadcast and reports, the public receives sufficient information for them to formulate a certain opinion. Those who believe that they understand more would advocate their stance openly, usually comments through social media or actual publishers. However, many are not aware of the existence of a sub judice rule that prevents anyone from publishing any statement about the ongoing trial. This sub judice rule is imposed to avoid disruption of court proceedings and to avoid "trials by the media". In such circumstances, the parties to the suit usually apply for a committal order for contempt of court for breaching the sub judice rule. Alternatively, they apply for a gag order to stop anyone from publishing about the case. However, the court will only grant or reject the application for the gag order after examining and considering certain factors as enunciated in the case of Dato’ Sri Mohd Najib bin Hj Abd Razak v Public Prosecutor which has been applied in the case of Public Prosecutor v Arumugam a/l Dorasamy. This paper adopts doctrinal legal research methodology with case analysis approach. It delves into the analysis of the court’s decisions on the standards and tests laid down and evaluates the impacts on future cases. At the end of the analysis, it is established that the case of Dato’ Sri Mohd Najib bin Hj Abd Razak v Public Prosecutor has become the benchmark and precedent for all future gag-order applications. The outcome of this analysis is important to chart the application of the sub judice rule and a gag order in Malaysia
LEGALITY OF “BORROW ME CREDIT” SERVICES OFFERED BY TELECOMMUNICATION COMPANIES: A SHARI’AH PERSPECTIVE
Full text linkTelecommunication service providers are known to provide various benefits for airtime packages. Different packages have been introduced in order to satisfy consumer needs. The nexus between service providers and consumers are guided by terms and conditions. Under Islamic law, any condition stipulated by the parties, which involves riba is rejected ab inito and renders the transaction voidable. Therefore, this article seeks to examine the Airtime Credit Service by service providers such as extra time package known as ‘borrow me credit’ in order to determine whether it is a Shariah-compliant transaction or otherwise. The study adopts doctrinal legal research by using primary and secondary sources of Islamic law such as Qur’an, Sunnah. The study also relies on textbook, journals, and service providers’ websites. The study reveals that the use of the word ‘borrow’ in the package has triggered polemical discourse among the Islamic financial jurists. The study reveals that, although the word ‘borrow’ is used, the intention of service providers is to sell the airtime on credit sale. The article clarifies the juristic discourse of the sale based on Islamic law of contract. It recommends some clarifications on the form and structure of the sale and concludes that it is allowed for Muslims to buy airtime through the package
THE SHARI’AH LEGAL PROFESSION IN THE PHILIPPINES: THE STATUS QUO AND CUES OF ITS FUTURE
Full text linkThis article provides an overview of the Shari’ah legal profession in the Philippines by scrutinising its status quo, identifying the indications of its future, and drawing some insights from its comparison to Malaysia’s Syarie legal profession. The recognition of the Shari’ah legal profession in the secular state of the Philippines is traceable to the Code of Muslim Personal Laws of the Philippines (Muslim Code), which mandated the creation of Shari’ah courts and the institutionalisation of the Shari’ah bar examinations whose passers are conferred the title of ‘Counselor-at-Law’. In view of the recent enactment of the Bangsamoro Organic Law (Republic Act No. 11054), this article will also highlight the implications of the justice system under this organic law on existing Philippine’s Shari’ah Courts and on the Shari’ah legal profession as a whole