International Islamic University Malaysia (IIUM) Law Journal
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THE NEED TO DEFINE ‘ABANDONED HOUSING PROJECT’ IN PENINSULAR MALAYSIA: AN ANALYSIS
Get PDFThis paper examines the adequacy of legal provisions governing the role of extended families in providing financial support under Malaysian law. This is to promote the importance of such function despite the breaking up of extended family relationships due to modernisation and urbanization. The study focuses on the Malay Muslim family where personal law is based on Sharīʿah and the role of extended family is an important component of the system. Besides, other forms of financial provisions are analysed to reflect the extent of familial relationship in response to the current needs
THE ENVIRONMENTAL QUALITY ACT 1974: A SIGNIFICANT LEGAL INSTRUMENT FOR IMPLEMENTING ENVIRONMENTAL POLICY DIRECTIVES OF MALAYSIA
Get PDFoai:ojs2.journals.iium.edu.my:article/1In Malaysia, the Environmental Quality Act 1974 is considered to be the most comprehensive piece of legislation promulgated to deal with environmental protection and pollution control. The Act also forms the basic instrument for achieving environmental policy objectives. As a developing country that strives for economic growth, Malaysia’s rapid development activities especially since the early 1980s have unveiled new dimensions to environmental concerns. Since its introduction more than 30 years ago, the scope and strategies of this Act have been constantly amended, altered or improved in the pursuit of environmental policy objectives. Thus, in the context of environmental protection, the Environmental Quality Act 1974 needs to be pro-active and flexible enough to accommodate new measures for facing challenging environmental problems. These changes provide an indication of the increasing complexities of environmental issues facing Malaysia. This paper examines the development of environmental strategies that has taken place within the framework of the Act, based on Malaysia’s environmental policy directives particularly on sustainable development
THE DECISION BY A JUDGE ON THE BASIS OF HIS PERSONAL KNOWLEDGE
Get PDFAccording to some muslim jurists the decision by a judge based on his personal knowledge is one of the admissible modes of proof. The personal knowledge of a judge here means the judge who is an eyewitness to a fact in issue of a case filed in his court for decision. Should he decide on the basis of his personal knowledge or should he decide on the basis of the statements of the evidence which is contrary to his personal knowledge? Muslim jurists of the different schools of thought have a consensus on the view that a judge can validly decide about the credibility or otherwise of a witness on the basis of his personal knowledge. Two groups of muslim jurists have differing opinion as to whether a judge can validly decide cases on the basis of his personal knowledge. The paper examines the opinion of both groups in the light of their arguments from Qur’an, Sunnah and other sources of Islamic Law. The validity of both schools are discussed with preference of one of them as most suitable for application in Muslim countries
LEGAL RESEARCH AT AHMAD IBRAHIM KULLIYYAH OF LAWS, INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA: TRENDS AND POLICIES
Get PDFThe primary function of Ahmad Ibrahim Kulliyyah (Faculty) of Laws, at the very beginning of its inception, was that of teaching civil law and Sharî’ah subjects. As it matured, its vision has been varied from teaching to that of research with the aim of attaining the status of a full research institution that provides both quality research and best legal education in the region. Similar to other institutions of higher education in Malaysia, the responsibility of research is a shared function of both graduate students and the academic staff. The research output, on the part of the students is mostly composed of either Master Dissertations or PhD Theses. The academic members of the Faculty, however, are involved either in direct research, individually or jointly, supervision, and publications of their findings. By investigating and analyzing factors influencing research activities at AIKOL in the past twenty years, the researchers will be able to identify the general trends and development of research as it unfolded over years. The researchers hope that the policymakers, at both Faculty and University levels, will use the findings to improve research quality by boldly addressing the problems hampering research progress at AIKOL
Sundra Rajoo & WSW Davidson (2007), The Arbitration Act 2005: UNCITRAL Model Law as Applied in Malaysia
Get PDFSTRENGTHENING LEGAL EDUCATION AND JUDICIAL TRAINING IN THE MALDIVES: A CASE STUDY
Get PDFThe article discusses the law and policy reform activities carried out by the Asian Development Bank with its focus on countries in the Asia-Pacific region, and the legal interventions which impact upon citizens, private sector, and state institutions. The technical assistance seeks to strengthen legal education and judicial training in the Maldives. Under this project, the country’s recently-established Faculty of Shariah and Law was strengthened to provide legal education to students wishing to study shariah and law and obtain a law degree. Also, judicial training was provided to the country’s judges and island magistrates to carry out their duties in hearing cases and applying law and court procedures. The article postulates the need to take into account and address the local needs, context and sensitivities, rather than merely transplanting a western legal system which would otherwise not work for the country and its peoples where shariah is an important legal system. It also highlights the need to adopt a flexible approach in addressing problems and challenges rising during project execution to ensure realization of effective results. The article offers some thoughts and reflections on the lessons learnt for consideration in any developing country on a similar project to strengthen legal education and judicial training
CIVIL LITIGATION NEGLIGENCE AND THE MALAYSIAN ADVOCATE
Get PDFCivil litigation negligence now stands on a surer footing following cases from Canada, England and elsewhere which lay emphasis on the adversarial system rather than the structure of the profession, and immunity has now been almost completely abolished by judicial decisions. In Malaysia, the basis of legal professional liability is expected to be re-aligned to be consistent with the other common law countries that have abolished immunity. The questions that necessitate consideration are therefore acts that would constitute negligence and those that are excusable, the relevant defences, and, of course, the alternative sanctions to civil litigation for this type of negligence. The fused nature of the profession in Malaysia, perceived to be more burdensome to its members, raises the question of the appropriate standard of the duty of skill and care.(For the purposes of this article an ‘advocate’ refers to the Malaysian (and Singaporean) lawyer, who as a member of a ‘true fused’ profession, engages in litigation or ‘contentious business’ as defined in s. 3 of the Legal Profession Act 1976.) {The writer is of the firm view that criminal cases should be considered separately from civil cases because of the difference in the law of procedure relating to the preparation of a case for presentation in court and the public policy considerations peculiar to each type of case as seen in the approach taken by the House of Lords in Arthur J.S. Hall v Simons in which separate judgments were delivered for each type of case. And in Rees v Sinclair [1974] 1 NZLR 180, a civil case, in which the New Zealand Court of Appeal did not consider the position in criminal cases.}
THE RESTORATION OF PEACE AND STABILITY IN SOMALIA: THE CRITICAL ROLE OF THE AFRICAN UNION MISSON IN SOMALIA (AMISOM)
Get PDFThere has been a civil war in Somalia ever since the central government collapsed in 1991 which means there has been more then twenty years of domestic violence. To stop the fight, the United Nations Missions and other forces authorised by the UN Security Council have been deployed to Somalia such as the United Nations Operations (UNOSOM) and United Task Force (UNITAF), but none of those missions and forces have bore fruit and the civil war in the country has not come to an end. Furthermore, United Nations thought it has failed militarily whatever caused in Somalia but politically it has been present because immediately after its withdrawal from the country United Nation Office in Somalia (UNPOS) was established in 1995 in neighboring country in Kenya. However, in 2006 the situation deteriorated further when there was a bloody conflict between Islamic Courts and the Transitional Federal Government (TFG) heavily supported by Ethiopia which later resulted in military defeat of the former and two years presence of Ethiopian contingent in Somalia. Consequently, the situation came under the spotlight of African Union which later established African Union Mission in Somalia (AMISOM) which is currently operating in Somalia with the approval of the UN Security Council under its Resolution 1744. The idea of creating AMISOM is to assist (TFG) as well as to promote peace and stability in Somalia.
DEALING WITH ENVIRONMENTAL ISSUES: PREPARING A FRAMEWORK FOR ENVIRONMENTAL EDUCATION, POLICY AND LAWS IN MALAYSIA
Get PDFMuch has been said about the environment, nevertheless, much of the action has yet to be seen to materialize. Even, endeavours currently in implementation do not seem to promise any good results. Yet, all seem to agree that mankind is the main cause of the destruction and losses. Man comes and goes. The present laws and policies never caveat any progress or improvement. It is mooted in this paper that what is needed for the future is simply education. A good educational system will ensure that each individual, layman or professional, goes through the same process of receiving information and knowledge. In this paper, it is submitted that Islam lays a good foundation for teaching and learning about the environment. Man-made laws alone are insufficient to create consistent awareness and consciousness as far as a duty to take good care of the environment is concerned. Natures is a great gift from the Creator for mankind, yet, they never make any effort to realize this. Thus, the foundation must fix its pillars to the belief that protecting the environment is an act of faith
THE LEGALITY OF A LIVING TRUST AS AN INSTRUMENT FOR ISLAMIC WEALTH MANAGEMENT: A MALAYSIAN PERSPECTIVE
Get PDFAt present, the use of living trust is advocated as one of the best mechanisms to be considered for Islamic wealth management in Malaysia. Whilst the purpose of creating a living trust is to benefit the beneficiary, the settlor retains complete control and enjoyment over the trust property during his lifetime, and the beneficiary will only benefit the trust property after the death of the settlor. This instrument has been legally recognised to be applicable to Muslims in Malaysia and is enforceable against the settlor or his estate, irrespective of whether or not possession of the property was given to the beneficiary during the lifetime of the settlor or whether or not the settlor enjoyed the property during his lifetime. This situation is inconsistent with the rule of Islamic law on gift (hibah) and succession, especially when the beneficiary is a person who has the legal capacity to own property and who may be one of the legal heirs of the deceased-settlor. This article seeks to examine the execution of living trust by Muslims in Malaysia so that the rights of the beneficiaries under such trust are legally ascertained according to the Islamic law