International Islamic University Malaysia (IIUM) Law Journal
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GOOD GOVERNANCE AND PROTECTION OF HUMAN RIGHTS IN AFRICA: THE ROLE OF THE LEGISLATURE IN THE TWENTY-FIRST CENTURY
Full text linkThis article is intended to detail the extent of human rights abuse in Africa and broad conceptual issues of good governance and why it is needed in Africa. It commences with a belief that many African countries have been mis-ruled and as such needs good governance. It assumes that good governance on a continuing basis requires an effective institutional infrastructure and that functioning legislatures can help in that respect. It also contends that good governance and to a large extent some level of functioning democracy is related. The paper shows that effective legislature helps to sustain democracy where it exists and elsewhere help to democratize by fulfilling the promise inherent in the public’s right to be represented. If given necessary opportunity, representative institutions can connect people to their government by giving them a forum where their needs can be articulated. But to achieve this, cooperation of other institutional bodies are inevitable. Therefore, section I of the paper examines the African concept of human rights and chronicles the problems of Africa which is tagged violation of human rights and bad leadership. Sections II explores the concept of good governance, its genesis and what it entails. The section links human rights to good governance and states why it is needed in Africa. While section III explains the modern concept of legislature, what legislatures do, and how they do it. The section advocates for some mechanisms which will enhance effective performance of legislature. The paper concludes with a strong hope that the legislature can significantly impact on good governance and human rights if given cooperation by media, human rights bodies and other arms of government
UNDER-AGE MARRIAGE IN PLURALIST ASIA: AN ANALYSIS OF RELIGIOUS AND SECULAR LAWS OF SOUTH ASIAN COUNTRIES
Full text linkIn pluralistic and multi-religious Asia, South Asia is a region with a high incidence of under-age marriage amongst the developing countries of the world. The prevalence of early marriage in these countries, however, varies according to the geographical area or the existence of particular ethnic communities residing in that region. While such marriage takes different forms and has various causes, one concern is overriding, i.e., it results in multi-faced violation of the human rights of the child particularly the girl child. It is disheartening to mention that the practice of under-age marriage is prevalent in South Asia, despite the fact that these countries have laws prescribing minimum age of marriage. The customs, however, override the written laws and marriages are performed in gross violation of national laws
IMPLEMENTATION OF MUÑÓMALAH HIRE-PURCHASE BILL IN MALAYSIA: CHASING A MIRAGE?
Full text linkIslamic hire-purchase (Al-Ijūrah Thumma Al-Baiʿ or AITAB) is one of the innovative products of Islamic banks in Malaysia. Since its first inception more than 10 years ago, AITAB has been governed by the Hire- Purchase Act 1967 (hereinafter referred to as ‘the HPA’). Notwithstanding the surge in popularity of AITAB amongst the general public, the product has received much criticism due to its inherent limitations especially with regard to its regulatory framework. Critics of AITAB posit the inherent limitation of the HPA to effectively and efficiently govern AITAB transactions particularly when dealing with Sharîʿah issues. Consequently, Muʿāmalah Hire-Purchase Bill had been proposed to the Malaysian government to overcome certain limitations of the HPA. The issue was, whether AITAB would be best governed by having an independent regulation (known as Muʿāmalah Bill), or by simply incorporating Sharīʿah principles within the existing regulation (HPA). Unfortunately in recent years, the Attorney General has rejected the idea of an independent Muʿāmalah Bill due to certain factors. To better comprehend the rationale for this rejection, this paper discusses the overall regulatory framework of AITAB operations in Malaysia based on 46 expert interviews. In particular, the paper provides important insights into the advantages and disadvantages of implementing either a distinct Muʿāmalah Bill or harmonising the existing HPA with Sharīʿah principles of hire-purchase.
RIGHT OF PARTICIPATION IN BUSINESS AS MATRIMONIAL PROPERTY: THE MALAYSIAN EXPERIENCE
Full text linkIt is a deep wish of ‘most’ married couples that the marriage will last until ‘death do as part.’ Nonetheless, despite this wish, it is often found that a crisis occurs between married couples when it comes to money matters, more so if the concern is about a business which both parties foresee as a source of wealth. The right of participation in business is more than the right to share profits of the business. It also involves the management right and decision making power. Upon a divorce, it is common for the lucky ex-spouse to get certain percentage of shares in the business and therefore entitled to certain amount of dividend annually but rarely does one find the right to participation in the business is retained or given to the ex-couples. Whilst in practice the right to participate in the business is more significant and worth more than the shares! This article looks into participation rights in business as part of the matrimonial property in the due course of a divorce
THE ‘RED-INK GRANTS’: THE MALAYS AND THE LAND
Full text linkBritish policy was to preserve and protect the Malay race on the assumption that they, despite being the majority, are historically a disadvantaged race. In addition, they were in need of economic protection against the more aggressive immigrants. Therefore, with the declaration of independence in 1957, a new written constitution was formulated for the Federation of Malaya with the inclusion of Malay special privileges. These privileges include the reservation of land, operation of quotas for licenses and permits, scholarships, etc. This article seek to examine the foundation of Malay reservation land policies in Peninsular Malaysia in the last 50 years and the present policy of the government. It also discusses the challenges faced by the Malaysian government in escalating the development of the Malay Reservation institution and to explain the strategies and policies adopted to meet these challenges
THE PRINCIPLE OF QUALITY OF LIFE VERSUS SANCTITY OF LIFE IN THE EUTHANASIA DEBATE: WHERE DOES ISLAMIC LAW STANDS?
Full text linkThe trend in most part of the western world today is the agitations for a person to have the right to take his own life, when such life, becomes unbearable due to pain, being the result of a severe or terminal illness. This is the position of proponents of the concept of euthanasia and assisted suicide. Opponents of the concept on the other hand are of the view that no matter the circumstances, a person should not take his own life because he has contributed nothing to its creation. They therefore uphold the sanctity of life as against its quality. This paper seeks to examine the relative arguments and will address the position of Islamic law governing the euthanasia debate
REGIONAL PLANNING AUTHORITY IN MALAYSIA: LEGAL AND INSTITUTIONAL FRAMEWORK
Full text linkThe idea that local authorities should be the ones determining the affairs of their local authority areas is an engrained rule in the structure of the Malaysian style of government. Of late, regional planning has gained prominence with the realization that it promotes effective and efficient use of resources and reduces regional imbalances and poverty as well as may help in achieving sustainable development. Malaysia has the legal framework for establishing a regional planning authority that crosses the boundaries of two or more states, yet none has been set up to date. This paper analyses the related provision, examines the proposed institutional framework and identifies the challenges that the government may face in establishing a regional planning authority, including political will, state autonomy in a federal system of government, and the scope and powers of such authority. A comparison of the setting up of regional authorities in Australia and Canada is also included, being countries applying the federal system of government like Malaysia