International Islamic University Malaysia (IIUM) Law Journal
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FEED-IN TARIFF, AUCTIONS AND RENEWABLE ENERGY SCHEMES IN MALAYSIA: LESSONS FROM OTHER JURISDICTIONS
Full text linkMalaysia introduced Feed-in Tariff (FiT) in 2004 to incentivise renewable energy projects through the implementation of the National Renewable Energy Policy and Action Plan 2009 and the Renewable Energy Act 2011 (Act 725). Nevertheless, this FiT system failed to assist the country in increasing electricity generation from renewable sources. Later, auctions were introduced to boost the renewable shares, particularly solar photovoltaic power generation, after the quota for solar under the FiT were taken up. The tenders incorporated standard form of the contract along with a long-term Power Purchase Agreements (PPA) which induced for the lowest price for power generation and guaranteed access to the national grid. This measure is considered as an excellent instrument to expand the renewable energy sector. There has always been a question: whether abandoning FiT for auctions is a feasible choice in the interest of sustainable clean energy for sustainable development? The main objective of the present article is to investigate the implementation of auctions to support renewable energy development in Malaysia and to examine whether auctions could replace FiT. This study adopted a doctrinal and comparative approach. It concluded that competitive bidding is preferable to support mature technology and large-scale generations, while FiT should be sustained to support new technologies. The article has also identified several countries such as Germany and India, who have successfully implemented competitive bidding systems to support the aspiration to expand the renewable energy sector
SYNTHETIC BIOLOGY AND BIOSAFETY GOVERNANCE IN THE EUROPEAN UNION AND THE UNITED STATES
Full text linkThis article examines how synthetic biology, which is the construction of novel biological parts, devices, and systems, as well as the modification of regular organisms, impacts biosafety regimes in the European Union (EU) and the United States (US). The article examines the nature and benefits of synthetic biology. It then reviews associated biosafety challenges, before analysing the suitability of governance frameworks in the EU and the US in dealing with these challenges. Based on this analysis, the article contends that, despite some similarities with older technologies, synthetic biology is essentially novel. Consequently, it undermines existing biosafety regimes in both jurisdictions. The article advocates for effective governance, combining formal regulation and self-governance, in addition to the global coordination of governance measures. This will help maintain an agile policy and curtail any regulatory loopholes. This article fosters awareness on the existence of many unresolved controversies over the synthetic biology technology
THE CONCEPT AND APPLICATION OF HIBAH AS A FINANCIAL INSTRUMENT FROM THE MALAYSIAN LEGAL PERSPECTIVE: AN ANALYSIS
Full text linkThe principle of hibah (gift) is a popular subject in the Islamic law of administration, relating to wealth management. Hibah is a solution to deliver wealth to non-heirs apart from the wasiyyah (bequest) or faraid (succession) systems. However, in the broader context of wealth management in Malaysia, hibah has also been used as a financial instrument in the Islamic financial institutions’ products and services. Based on that, the legality and enforcement of hibah with regards to the related applicable laws in the Malaysian legal system might be affected in two different situations. First, the conflict of jurisdiction may be arising from the fact that the matter of the classical hibah concept will be under the jurisdiction of the classical hibah concept will be under the jurisdiction of the States, whilst the commercial hibah which has been structured with the Islamic banking and takaful products and services established by the Islamic financial institutions, will be under the Federal government. The scarcity of literatures discussing hibah from the perspective of Islamic banking and finance contributes to the limited understanding and awareness among the society on this matter. In view of that, this study explores and analyse the concept and application of hibah as the financial instrument in the Islamic banking and takaful products and services. This study also analyzes some relevant Shari’ah and legal issues on the application of hibah in the Islamic banking and takaful products and services, which are currently practiced by the Malaysian Islamic financial institutions. This is done by assessing relevant statutes and decided cases. This article finally provides recommendations to improve and enhance the application of hibah as an Islamic banking and takaful products and services in Malaysia
FISCAL ADVANTAGE OF WAQF AND THE RULE OF TAX EXEMPTION FOR CHARITABLE PURPOSES UNDER THE INCOME TAX ACT 1967
Full text linkThis study explores the principle of waqf in the context of current tax policies governing waqf properties. In Islamic law, waqf is defined as charity whereby the donor endows the property in the name of Allah SWT for the benefit of the public at large. However, for tax exemption purposes, there is no specific provision in the Income Tax Act 1967 (ITA). Waqf is under the State List in the Federal Constitution and it comes under the jurisdiction of state governments. Currently, there is a misunderstanding about tax deduction in Section 44(6) and Section 44(11C) of ITA that includes waqf as a gift and gets the same tax treatment. Nevertheless, there are strong justifications which state that waqf does not fall within the scope of Section 44(6). The study will analyse the status of waqf institutions which are eligible for tax deduction and the reason why waqf does not fall within the scope of donation under section 44(6) of the ITA. The methodology used in this study is doctrinal legal research whereby the analysis focuses on the legal principle of waqf in Islamic law and the rule of tax exemption under the ITA. As a result, the study found that there is inconsistency in implementing waqf for tax rebate purposes. The recommendation of this study is that a comprehensive waqf guideline should be introduced to ensure consistent development of waqf to enhance the public interest.
THE UNITED NATION’S ‘BEIRUT DECLARATION AND ITS 18 COMMITMENTS ON FAITH FOR RIGHTS’: A CRITIQUE FROM AN ISLAMIC PERSPECTIVE
Full text linkIn March 2017, the United Nations Office of the High Commissioner for Human Rights (UN OHCHR) launched a “Faith for Rights” initiative. This initiative aims to gather the adherents of various religions around the world and show that they support human rights as part of their religion. This Faith for Rights initiative hosted a workshop in Beirut, which resulted in a document titled “the Beirut Declaration and the 18 Commitments on Faith for Rights” which is the centre of this article. Islam is one of the faiths claimed to be represented in this initiative. However, is Islam truly represented properly? Did this initiative properly accommodate Islamic teachings? First, this article notes that Islam does believe in human rights and has its own concept of it. Second, this article continues by examining the Beirut Declaration and its 18 Commitments on Faith for Rights and seeing whether the points agreed are consistent with Islamic principles. It is found that this document does not accommodate Islam properly. It is not suggested that Islam does not recognize human rights. However, the concept of human rights agreed by this document does not represent and even breaches the teachings of Islam. This article, therefore, recommends that Muslims should not accept “the Beirut Declaration and the 18 Commitments on Faith for Rights”, and instead they should accept the concept of human rights which are properly prescribed in the noble teachings of Islam. This article emphasizes that in the future, Muslim representatives to human rights initiatives must be weary and never agree on any declaration that might contravene any Islamic teachings or which could lead to such possibilities such as this
Cyberbullying Among Children: A Cross Jurisdictional Perspective
Full text linkThe offence of cyberbullying is becoming prevalent in the digital era. This involves embarrassing pictures of the victims, negative comments on social media, and the internet with the intent to harass or shame the victims. In Malaysia, cyberbullying is governed by the Communication and Multimedia Act 1998 and the Penal Code. However, if the perpetrator is a child, the Child Act 2001 governs the criminal process and the disposition of the case, which is punitive in nature. The United Nations encourages state parties to apply restorative justice to deal with cyberbullying. New Zealand has implemented a family group conference to resolve criminal offences committed by children, which includes cyberbullying. The objective of this article is to examine the nature of cyberbullying among children. This article also analyses the process under the United Nations Convention on the Rights of the Child, New Zealand law, and Malaysian law on cyberbullying among children. It is recommended that the Child Act 2001 is amended by allowing children who are involved in cyberbullying to resolve the case through a family group conference as a process of restorative justice, which is recommended by the United Nations. The significance of this research is that it works towards the betterment of children’s needs and welfare in Malaysia. This research adopts a qualitative methodology that mainly focuses on doctrinal research where the sources include, among others, statutes, journal articles, and books
Ensuring Safe Cyberspace for Children: An Analysis of The Legal Implications of Social Media Usage in Malaysia and Singapore
Full text linkEasy accessibility of electronic devices connected to the internet and the widespread usage of the internet in every aspect of modern lives have made the use of social media an indispensable part of society. These technologically driven and completely-internet dependence means of living have brought detrimental implications as much as they have benefited lives. Each day more and more children are introduced to the internet and its benefits, either at home as a means of entertainment, or at school as a means of education. However, these opportunities provide avenues for the children to explore the ever-expanding vastness of the internet, leading to exposure of indecent materials, and accessing and participating in websites not meant for the usage by underage children. The glorification of social media websites through targeted advertisements and peer pressure adds to the already worsening crises of social media abuse through unlawful means. This article examines the protective measures taken by the authorities in Malaysia and Singapore to protect children in these two countries from the internet and social media related issues. The data is acquired doctrinally from library sources and the finding of this article could be extended to other areas of protecting young children from the harms of the internet
Consumption of Stem Cell Meat : An Islamic Perspective
Full text linkIslam provides specific guidelines for meat production and consumption based on halal and hygiene laws. This study mainly focuses on the permissibility of emerging lab-cultivated meat from the Shari’ah perspective. It also examines the notion and significance of halal food (especially meat) within the purview of Islamic jurisprudence and assesses the position of lab-grown meat for Muslim consumers. This work further highlights the underlying reasons behind the prohibition of Haram food and it investigates the production process of in vitro meat to see whether it is done in accordance with Shari’ah guidelines. Furthermore, the study explores consumer rights to halal meat within the ambit of the Shari’ah. The objective of this research is to explore this new kind of meat and evaluate its legitimacy under Islamic law. This will hopefully create awareness in Muslim consumers and create an interest among researchers. The research adopts doctrinal research where the researcher consults relevant literature in the form of books, research articles and reports on the views of experts in the subject matter. This leads to the basic conclusion that whilst Islam supports the use of technology to improve human lives, such use needs to correspond to the promotion and protection of the Maqasid al-Shari’ah
A Social Impact Bond (SIB) : A Shariah Appraisal
No full textSocial Impact Bond (SIB) is a funding mechanism for social projects whereby the payment for the projects is anchored on meeting the outcome metrics, otherwise the investors risk losing their money. The mechanism emerged since 2010 in the United Kingdom and has quickly spread to other parts of the world. In the past, there has not been any popular fatwā on this mechanism from a Sharīʿah point of view. Therefore, this article will examine the funding and payment arrangement and then conduct takyif fiqhi (jurisprudential adaptation) to ascertain the degree of Sharīʿah compliance and determine the most appropriate Islamic contract most suitable under the arrangement. The article adopts qualitative method of research by making in-depth analysis of Islamic contracts including the primary and secondary sources of Islamic law. It also relied on literature on SIB from conventional point of view and internet materials. Major findings of the research show that SIB, whilst its pay-for-success mechanism does not contain ribā, it contains excessive gharar. The excessive gharar, however, was found ineffective to void al-jaʿālah-based SIB and hibah li thawāb which is the second contract similar to SIB. This is because of hājah and element of gratuity respectively
A Polemical Discourse over the Legitimation of Illegitimate Children under Islamic Law
Full text linkMuslim jurists unanimously agree that any woman that gives birth to a child, the child is to be attributed to her husband and legitimacy of that child is to be established except in circumstances where the child is disclaimed by the husband through imprecation (li’an). However, dissension over the legitimation of children born out of wedlock has long been recorded in the classical books of Islamic Jurisprudence, although the majority of jurists’ opinion secured an overwhelming preponderance over others. The argument over the legitimation has recently been advanced in order to find a feasible solution to the alarming condition of children born out of wedlock. Interestingly, both opponents and proponents of the legitimation of illegitimate children among Muslim scholars buttress their arguments with the famously narrated hadith “al-walad lil firash” (“The child is traced to the owner of the bed i.e. the legitimate husband).” on the subject matter. Therefore, this article seeks to explore juristic interpretations of the hadith and the rationale behind the scholars’ dissention. This article is a result of a research that has been done through the adoption of a qualitative approach of research, which includes doctrinal and non-doctrinal legal research methodologies. It has been found that attributing a child to his putative father after the acknowledgement does not contravene the fundamental principle of Shariah; it is rather an opinion held by the majority of classical Muslim scholars