International Islamic University Malaysia (IIUM) Law Journal
Not a member yet
297 research outputs found
Sort by
PROBLEM-BASED LEARNING AT AHMAD IBRAHIM KULLIYYAH OF LAWS
Get PDFProblem-based learning (PBL) serves as an alternative tool in the teaching of law at the International Islamic University Malaysia (IIUM). IIUM emphasises on producing well-rounded graduates who are professionally qualified and who practice Islamic values. Problem-based learning has proven to be a very effective complementary tool in achieving this educational aim. The main elements of problem-based earning (PBL) are the study of real case problems, team work, time management, reflective journal writing and peer evaluation. All of these elements form essential parts of the Islamic education system. This paper discusses the Islamic values existing in problem-based learning and evaluates to what extent Ahmad Ibrahim Kulliyyah of Laws (AIKOL) in general, and the course Equity and Trust in particular, has successfully harmonized and integrated problem-based learning with Islamic values.
SOME THOUGHTS ON SEPARATION OF POWERS: WESTMINSTER MODEL versus AMERICAN MODEL
Get PDFThe focus of this paper is of the working system of government based on the theory of separation of powers. The theory in its original idea is hardly implemented in the world today. Necessary modifications and adjustments ought to be made to suit the adopting countries. As a result of the theory, there exists two dominant world governmental systems, which have been championed by the United Kingdom and the United States of America. The UK’s system is better known as the Westminster model or parliamentary system; whereas the USA’s system is popularly known as the presidential system. Each system has its own strengths and weaknesses. This paper also highlights the influence of the theory through constitutional provisions and judicial pronouncements, which indicates the modification of the two models to suit countries like Malaysia
Ahmad Ibrahim Memorial Lecture; GLOBALIZATION, SOCIAL AND RELIGIOUS DIVERSITY, LEGAL PLURALISM: CAN STATE LAW SURVIVE? 8th Ahmad ibrahim Memorial Lecture
No full textIt is a great honour to be invited to give this 8th Ahmad Ibrahim Memorial Lecture. I met Ahmad Ibrahim several times during his period as founding Dean of the Kulliyyah of Laws of the International Islamic University Malaysia, when we both attended conferences of the Commonwealth Legal Education Association in Cumberland Lodge, Windsor, Britain. He was immensely respected in the field of legal education in the Commonwealth; his interventions in our discussions were fewer than those of some colleagues, who liked to talk at lenght on every occassion and about every topic, but when he made comments they were always efective, being evidently based on long experience and deep thought. I have since read some of his work and learnt from it - as will appear , in small measure, from some references i make later in this lecture
CONSUMER REDRESS MECHANISMS IN MALAYSIA: PROSPECTS AND CHALLENGES
Get PDFAn efficient, inexpensive and informal redress machinery is indeed essential for attaining consumer protection. In this respect the ordinary court system in Malaysia is generally perceived to be unable to satisfy consumers’ needs. Thus the establishment of the Tribunal for Consumer Claims in 1999 and the Tribunal for Homebuyer Claims in 2002 may be considered as two major landmarks in the development of consumer protection law in Malaysia. It is the aim of this paper to examine the current status of these two Tribunals, which shares many common features save for the jurisdiction. Although records show that the Tribunals have received tremendous response from consumers in Malaysia, there are yet many improvements to be made. In addition this paper examines the challenges faced by the Tribunals in the course of offering an informal, faster and cheaper procedure to consumers. Some of these major challenges are enforcement of the Tribunals judgement, accessibility, publicity and judicial review
MEASURES FOR THE BETTER MANAGEMENT OF AWQAF
Get PDFThis article identifies six of such problematic issues which are globally confronting awqaf and hampering their utilization for the community’s betterment. These issues are: (1) An urgent need of conducting a survey of awqaf to determine their number, valuation, income, object, expenditure etc for devising an effective administrative policy. (2) Democratisation of waqf administration to allow muslim public participation to dilute the present state control. (3) To revisit the status of family awqaf and its pathetic condition today. (4) To search for alternatives to the colossal waste of waqf income on litigation. (5) The need to replace litigation with administrative action for the recovery of encroached properties. (6) To find ways of developing millions of dormant waqf properties, as this is the key to the treasure trove that remains untapped
FAMILY MEDIATION IN ASIA: A SPECIAL REFERENCE TO THE LAW AND PRACTICE IN MALAYSIA
Get PDFThis article seeks to discuss in general the practice of family mediation in some selected Asian countries. For this purpose the practice in Singapore, China, Japan and Hong Kong is described. However the focus of the article is the law and practice of conciliation in Malaysia which are governed by the Law Reform (Marriage and Divorce) Act, 1976. Some issues pertaining to the position of the non-Muslims in Malaysia are also highlighted
THE NON-RECOGNITION OF ISLAMIC MARRIAGE AND DIVORCE
Get PDFThe general rule regarding the validity of foreign marriages followed by most US courts is that a marriage if validly performed is valid everywhere. But there are exceptions based on public policy. Thus, while a non-incestuous, monogamous marriage performed in a Muslim country between consenting adults would be recognized in the United States, a polygamous marriage most likely will not. Bigamy is a crime in all states, although the husband is rarely prosecuted unless there are other factors, e.g., spousal abuse or fraud. The U.S. Constitution’s protection of an individual’s religious rights might be asserted as a basis for allowing Muslim men to have more than one wife but it seems unlikely to succeed as the Supreme Court rejected a similar argument in a case involving a Mormon man who had several wives as permitted by his religion. However, several state supreme courts have recently held that a State cannot constitutionally ban same sex marriages; this article explores the possibility that similar bans on polygamous marriage might be held to be unconstitutional. The article also explores the difficulties encountered in attempting to have a US court give effect to a Ṭalāq divorce, especially where the Ṭalāq is not confirmed by a court or other judicial body
PRINCIPLE 10, THE AARHUS CONVENTION AND STATUS OF PUBLIC PARTICIPATION IN ENVIRONMENTAL MATTERS IN THE MALAYSIAN LAWS WITH SPECIAL REFERENCE TO EIAs
Get PDFLike many countries that are really keen to strike a meaningful balance between environment and development and for the wish to employ environment impact assessment (EIA) as a necessary tool, Malaysia has made it mandatory with respect to nineteen activities that are likely to leave deleterious effects on the environment. The law provides for adhering to the widely accepted procedure, including people’s participation, especially of those who might be affected by proposed development projects or any other activity to which an EIA is a necessary requirement. In spite of the fact that the law enshrines the cardinal points of Principle 10 of the Rio Declaration and the Aarhus Convention and is comparable with similar laws in some developed countries, the conditions of the components of the environment are not improving. Some say it is because of the flaccidness on the part of those who are responsible to approve EIAs; some others blame irresponsible developers and factory owners and poor enforcement of the environmental law as a whole, including poor public participation. In fact, both are responsible for the deleterious conditions of the environment and its various unfettered harmful processes. The paper limits its scope to critical appraisal of the law pertaining to EIA, its enforcement in the country with special emphasis on public participation, and offers constructive and functional suggestions pertaining to public participation so that it is properly enforced and serves the desired objective of sustainable development and protection of the environment
THE LAW OF DAMAGES IN MALAYSIA: HAS THE LAW ON THE MULTIPLIER FOR THE LOSS OF DEPENDENCY BEEN SETTLED?
Get PDFThe law applicable in a claim for loss of support by the dependants of a deceased victim in Malaysia is found in the relevant provisions contained in the Civil Law Act 1956, amended in 1984. It would have been thought that with the passing of these statutory amendments, the legislature had removed the judicial discretion, if any, with finality in the law being established. However, that was not how the courts interpreted these amendments to be and the resulting conflicting judicial approaches that evolved was observed to have created confusion in the application of these enacted provisions. The article examines the position of the law in Malaysia and in particular, the appropriate multiplier to be adopted when calculating the loss of support and how the law evolved through the exercise of judicial discretion observed from the number of reported judgments since the amendments. The article concludes that the recent judgments of the Federal Court may not have resolved these concerns observed in this area of the law
DIVORCE REFORM AND FAMILY MEDIATION IN ENGLAND: AN OVERVIEW OF THE RELEVANT PROVISIONS OF THE FAMILY LAW ACT, 1996
Get PDFThe article focuses on the divorce reform in England. In 1996, the Family Law Act was passed by the Parliament in England, which is cited as the Family Law Act, 1996. Unfortunately, after it was passed, there were problems concerning its enforcement and the Government decided to postpone the enforcement of some parts of the Act. Generally, the suspension involves the law concerning the ground of divorce and mediation. Although the overall position of the Act remains uncertain, it is significant to examine it because of its strength in upholding the institution of the family. Under the Act, mediation is introduced as it has many advantages such as resolving disputes amicably and it can reduce backlog of cases in the court. It is hoped that the discussion in this article will benefit Malaysia and hopefully we may learn something from the divorce reform that took place in England. In Malaysia, the current Law Reform (Marriage and Divorce) Act 1976 has been enacted since 1976. Perhaps, we may introduce new family legislation governing non-Muslims and include mediation as an alternative means of resolving family disputes