19 research outputs found
The role of the accused in English and Islamic criminal justice
No full textThis thesis is a comparative study of the role of the accused in the systems of
English and Islamic criminal justice. It seeks to explore the underlying
relationship between the individual and the state through an historical, structural
and contextual analysis of their rules relating to questioning and of confessions.
The analysis of the English system covers the period 1800 to 1984, with
particular reference to developments during the nineteenth century when the
foundations for the modern English state were established. The analysis of the
Islamic system combines traditionally Islamic and modern methods, assessing the
"Islamisation" movement in Malaysia through a religico-structural understanding
of juristic opinion from the four main schools of Sunnite jurisprudence.
The thesis contributes to existing knowledge on a number of levels: first, it
questions and revises the "myth" of "progress" that has dominated observations
of the history of the English criminal justice system; second, it elucidates the
relationship between Islamic law in theory and the law that is applied and
proposed in its name in Muslim states; third, it provides an analytical framework
for drawing comparisons between the underlying values of the systems of English
and Islamic criminal justice.
While acknowledging fundamental differences in terms of outlook and
articulation, the author concludes there are important similarities expressed
through such notions as "suspect" in the English system and "kafir"I"fasiq" in the
Islamic. These act as intermediate constitutional categories to whom the state
owe less protection. But the author notes also that these similarities are not
observed necessarily in the "law" which is implemented or proposed in Muslim
states; exact correspondence depends upon the over-arching political structure
and the institution of Caliphate.
The thesis is divided into six chapters: chapter one sets out the conventional view
of the historical development of English criminal procedure and evidence;
chapter two subjects that to a critique and chapter three offers a revised thesis.
Chapter four, explores methods for interpreting and explaining Islam; chapter
five sets out rules relating to confessions and questioning according to the four
Sunni schools; chapter six puts them into "context" through an examination of
the "Islamisation" process in Malaysia
Intellectual property laws and Islam in Malaysia.
No full textPhDThis study is undertaken on the premise that Islam and Islamic law is to be taken into
serious consideration in any future legislative reform of laws in Malaysia. Islam being
the religion of the country and the strong religious sentiment of the Muslims (who
form the majority in Malaysia) cannot be overlooked or dismissed lightly by the
legislators in Malaysia. Reformation of intellectual property laws is timely, as we are
now approaching to the dateline set by GATF-Trips agreement which aim is to
improve our standard of intellectual property protection. This study seeks to analyze
and evaluate the current legislation pertaining to intellectual property in Malaysia in
terms of the philosophy and rules governing the existence, ownership and exercise of
these rights and their consistency and inconsistency with Islam and Islamic law. The
main objective of this study is to prove that a coherent and logical conceptual
framework of ownership of intellectual property can be derived from an Islamic
perspective which not only offers the basis of rights but also defines the scope of
these rights. From the point of ownership of rights, support can be obtained from the
normative framework of property rights within the traditional classification of 'mal'
(property) and 'haqq al-milkiyyah' (ownership rights) under Islamic law. From the
point of exercise of rights, the exact scope can be defined from the analysis of
fundamental concepts which have been developed by Muslim jurists. It has been
established that Islam and Islamic law offers a sound and systematic paradigm, which
in deeper analysis, can satisfy both our current obligations under international
treatises, as well as our responsibility to practise our religion to the fullest
Intoxication and self-defence : a comparative study of principles of English law and Shari'ah
No full textThe study is based upon an analysis of the general principles of criminal liability in English law and Shari 'ah. It is hoped that it may provide a valid basis for discussion of the future development of criminal law.
The relationship between law and society is an organic one and this relationship in Shari'ah is based on revelatory text of precepts, law, and admonitions. Shari'ah is an
essential part of faith of every Muslim; a sound knowledge of its principles not only gives him a sense of inner fulfilment but enables him to order his life according to the dictates of his religion. On the other hand, in English law, religious beliefs and private morality might be viewed as not a matter for law. Religion is in that context generally conceived as a spiritual sphere of supra-human connotation distinct from law, which is basically a secular concern.
Both the systems of law under consideration are different in their sources and nature. English law, being a positive law, finds its source in legislation and other recognised
sources. Shari 'ah is a divine ordinance imposed upon people without having a freedom of choice and it has its roots in its primary sources, the Holy Qur'an, and the Sunnah.
However, the revelatory nature of Shari'ah does not render it entirely inflexible and immutable. The finality of authoritative legal texts is confined only to a limited number of injunctions in the primary sources. The secondary sources provide flexibility to meet the changing requirements of society. A legal system should strike a fair balance between flexibility and inflexibility of legal rules. A very flexible system of law may lead to inconsistencies, illogicalities and at the same time may be subject to abuse by judges while a rigid system, which leaves no room for judicial discretion is likely to
lead to injustice in certain cases. It is submitted that the very flexible nature of English law has left it full of inconsistencies and illogicalities, despite the appropriate use of judicial discretion.
The research offers a general view of modern thinking about the theoretical foundations and methodology of Shari'ah Shari 'ah recognises a variety of sources and methods from which a rule of law might be derived. Part-I of the thesis discusses the evolving principles of Islamic jurisprudence from their rudimentary sources. The specific relationship between socio-religious reality and the production of theoretical legal discourse is illustrated in Part-11 and III while dealing with the problem of intoxication
and private defence in society. It suggests that Shari'ah provides a framework in which the complex and sometimes competing needs of an individual and society can be fairly
apportioned.
The research will demonstrate that there is a well developed system of criminal law in Shari'ah that can be compared with the most developed and civilised criminal law of the contemporary world, for example, English criminal law. In order to compare the compatibility of both the legal systems, the approaches of both towards the problems of intoxication and self-defence have been taken as a parameter. Though Shari 'ah provisions seem to be predominantly prescriptive as compared to English criminal law, the comparison will show that it can provide practical solutions to problems faced by human society of any age. Shari 'ah being a revealed law is proactive in its nature. It takes action to cause changes and not only react to a change when it happens. This particular feature can be felt while dealing with the problem of intoxication. English
criminal law, on the other hand, being a positive law bears the characteristics of a reactive law. It reacts to events or changes rather than acting first to cause change or
prevent something. Another major difference between the two legal systems might be that English criminal law has passed through many evolutionary phases and reached at the present stage through the efforts of the political power and the state; whereas, Muslim states and governments throughout the centuries neither had a hand in the development of Islamic jurisprudence nor in the training and certification of jurists or jurisconsults whose task it was to formulate the law.
History suggests that using the combined forces of religion, morality and law Shari'ah has effectively eradicated social evils and created a peaceful environment for human coexistence, where every one can enjoy his rights without a fear of infringement by the others. In cases of infringement of such rights, the offender shall be liable to severe punishments. The principles of criminal liability are on a par with the corresponding principles of the English criminal law. While protecting the rights of the victim of the crime, Shari'ah does not ignore the rights of the offender for fair trail, impartial justice and liability for punishment proportional to the offence committed by him. At the same time it recognises excuse and justification defences under appropriate circumstances, as
it will be evident while comparing the defences of intoxication and self-defence with the same in English criminal law.
The study reveals that there are similarities and differences between English law and Shari'ah when considering the issue of crime and criminal liability. However, this may be considered as normal phenomenon of comparing any two different legal systems. The differences can be attributed to their sources, origin, history and nature of the social values to be protected. Similarities can be ascribed to zeal for social justice and stability.
The study of differences and similarities will provide an opportunity to illuminate our understanding of law and the process of its development. As both the systems have their
own methodology to tackle legal issues, a different approach to the similar problem will provide a fresh insight leading to revitalised solutions. It will also be helpful to understand the methodology and the legal reasoning of both the systems leading towards a better understanding of law in general and at the same time providing efficient means for improvement
Constructing the Architectonics and Formulating the Articulation of Islamic Governance: A Discursive Attempt in Islamic Epistemology
No full textInternational institutions have promoted a ‘good governance’ agenda as an archetypal model to achieve development for underdeveloped and developing countries. However, closer scrutiny can trace the root of this agenda back to the hegemonic nature of modernity that proposes a specific meta-narrative upon others, as part of Eurocentrism. Many, however, have criticized this Eurocentric paradigm, since the non-Western communities with their own constructed version of ‘good’ in governance have also proven their ability to develop and prosper in the present or in the past. Thus, the cultural and value-laden nature of such vernacular concepts provides the rationale for the existence and practice of other paradigms. In line with this argument, Islam, with its long history of governance and richness of its values can be considered as another alternative, which should be thoroughly examined to disclose and depict its conceptualization and paradigm of ‘good governance’.
The aim of this research, thus, is to explore and analyze the Islamic axioms, foundation principles and values underpinning the field of governance in an attempt to construct the architectonics of a new systemic and dynamic theory and formulate the articulation of ‘Islamic governance’. This discursive and abstract, rather than being an empirical exercise, assumes to produce a ‘good governance’ framework within its own formulation through a value-shaped dynamic model according to maqÉÎid al-SharÊÑah (higher objective of SharÊÑah) by going beyond the narrow remit of classical and contemporary discussions produced on the topic, which propose a certain institutional model of governance based on the classical juristic (fiqh) method. In this new dynamic paradigm, a discourse-oriented approach is taken to establish the philosophical foundation of the model by deriving it from Islamic ontology, which is then articulated using the Islamic epistemological sources to develop and formulate the discursive foundations of this new theoretical framework. A deductive method is applied to the ontological sources and epistemological principles to explain the architectonics of this new theory, which are represented by the constructed axioms, which later help to articulate the working mechanism of the proposed ‘Islamic good governance’ framework through a specifically formulated typology to function as an alternative conceptualization of ‘good governance’.
This study, through an exclusive analytical discursive approach, finds that Islam as one of the major religions in the contemporary world with the claim of promising the underpinning principles and philosophical foundations of worldly affairs and institutions through a micro method of producing homoIslamicus could contribute towards development of societies by establishing a unique model of governance from its explicit ontological worldview through a directed descriptive epistemology. Thus, the research on governance in this study does not only focus on the positivistic materialist components such as institutions or mechanisms or growth per se, but it encompasses the value-laden holistic nature of human life in accordance with the Islamic worldview as an important contribution. In doing so, it formulates the ‘good governance’ in Islam in relation to the conceptualized ‘ihsani social capital’, which constitutes the main thrust of the constructed model. Nonetheless, this generative (non-cumulative) paradigm of looking into the governance issue should be viewed as an incomplete certainty as production of the continuous ijtihad (reasoning) progression will continue to reveal ways through which its working mechanism can be expanded along with potential developments in its philosophical formation
From plural society to Bangsa Malaysia : ethnicity and nationalism in the politics of nation-building in Malaysia
No full textThe question of nation-building has always been a central issue in Malaysian politics. Whilst the country has been able to sustain a relatively stable politics since the 1969
tragedy, and hence spawn a rapid economic development (at least until the 1997 Asian economic crisis), the project of nation-building remained a basic national agenda yet
to be fully resolved. This study investigates the delicate process of nation-building in Malaysia in the post 1970s, especially in the context of the vision of constructing the
Bangsa Malaysia or 'a united Malaysian nation' enshrined in Mahathir's Vision 2020 project which was introduced in 1991. The aim of the study is firstly, to examine the
underlying socio-political parameters that shaped and influenced the politics of nation-building in the country, and secondly, to explore the viability of the project of
Bangsa Malaysia in the context of the daunting challenges involved in the process of nation-building. Drawing from a range of theoretical frameworks as well as from
both primary and secondary data, the study contends that, based on the Malaysian experience, the potent interplay between the forces of ethnicity and nationalism
constitute the crux of the problems in the politics of nation-building in Malaysia. This dialectic it is argued, stems from the prevalence of the varying perceptions of 'nation-of-intent' within and across ethnic groups. These phenomena have not only shaped the pattern of ethnic political mobilisation in the country, but above all, laid the most complex set of obstacles in the path of the project of nation-building. This study argues that the project of constructing the Bangsa Malaysia therefore, can be seen as a significant attempt by the state to reconcile the varying ethnic ideologies of nation-of-intent.
It can also be considered as an attempt to consolidate Malay nationalism and cultural pluralism, thus, depicting 'the nation' as a 'mosaic of cultures', or reflecting a creation of 'a supra-ethnic' national identity. However, the viability of the envisaged
project is yet to be tested. The concept itself is still vague to many people and the challenges ahead are enormous, involving political, economic, socio-cultural and
religious issues. Indeed, the project risks becoming the 'latest' in the series of competing notions of nation-of-intent circulating in Malaysia. This study contends
that whilst, to some extent, the socio-political landscape of Malaysian society has been rapidly changing, especially under the eighteen years of Mahathir's reign,ethnicity still pervades Malaysian political life. This study differs from many previous studies on nation-building in Malaysia which have mainly focused on either the historical dimensions or those which have examined the impact of key national policies. As such, it is hoped that this study would be able to provide an alternative perspective in the analysis of ethnic relations and nation-building in Malaysia, thus broadening the understanding of Malaysian politics and society
National Library of Malaysia Annual Report 2001
No full textThis Annual Report reflects the PNM activities during 2001, to support their vision,"The National Library of Malaysia aspires to be a world class library in the provision of excellent information services towards the realization of Malaysia's vision of becoming an industrialised and developed nation by the year 2020." and mission,"To ensure that all Malaysians have equal access to library services and facilities as well the ability to utilise Malaysian and universal intellectual heritage knowledge through a national infrastructure of integrated electronic libraries.
UMNO factionalism and the politics of Malaysian national identity
No full textThis thesis analyses UMNO factionalism from the perspective of the elite's manipulation of the various modes of nationalisms. This thesis argues that UMNO factionalism, which is seemingly a power struggle between competing UMNO elites, has been significantly shaped by contesting nationalist ideologies that reflect the unresolved questions of national identity in Malaysia.
These two issues, that is, nationalism and UMNO factionalism, have shaped Malaysian politics in significant ways. UMNO factionalism has been related to such major political events as the 1969 ethnic riots, the introduction of the New Economic Policy, the UMNO split in 1987 and the Reformasi (Reform) movement in 1998. Frequently, the impact of these disputes extended beyond UMNO politics and affected wider Malaysian politics. At the same time, due to unresolved questions of national identity, nationalism has occupied a central position in Malaysian political discourse. There are ambiguities regarding the relationships among the various ethnic identities and national identity and between the individual and the larger Malaysian community that enable elites to construct and manipulate nationalist ideologies. In this thesis, the conflicting nationalisms are captured by five different concepts of nationalism - ethnocultural, civic and multicultural nationalisms in one group and collectivist-authoritarian and individualistic-libertarian nationalisms in another.
The Malaysian Prime Ministers have constructed nationalist ideology to define the Malaysian nation in their attempts to resolve the unresolved problems of national identity. The challengers' arguments, to mobilise the community, mirror the community's (negative) responses to the Malaysian Prime Ministers' nationalist visions. In addition, the ideological arguments in the disputes extend the dispute beyond the elites, involving the community as well. Furthermore, because of the ideological conflicts, these factional disputes affect the direction of government policies in significant ways. This study shows that UMNO factional disputes have followed this pattern of ideological conflicts, although the exact contents may vary.
The 1969 factional dispute was a clash between Tunku Abdul Rahman's shift towards multicultural nationalism and its challengers' ethnocultural nationalism. Tunku Abdul Rahman's nationalist vision moved away from ethnocultural nationalism in pursuit of national integration. The challengers, reflecting the Malay community's response to the Prime Minister's vision, took a strong ethnocultural Malay nationalist stance. The successful mobilisation of the Malay community by ethnocultural Malay nationalists contributed to the policy shift towards ethnocultural nationalism in the 1970s. In the 1987 dispute, Mahathir's economic policy, which moved away from ethnocultural nationalism, was challenged by Razaleigh's ethnocultural nationalist argument. After the dispute, Mahathir could only mobilise the community by tactically employing the rhetoric of ethnocultural Malay nationalism.
In the 1990s, Mahathir's attempt to define the national identity of Malaysia by constructing a civic Malaysian nation, Bangsa Malaysia, relieved the tension surrounding the ambiguous national identity of Malaysia. It was facilitated by rapid economic growth that ameliorated ethnic contests over limited economic resources. However, the collectivist-authoritarian aspect of Mahathir's nationalism raised another nationalist question concerning the subordination of individual liberty and rights to the collective community's will and interests - a nationalism that justified his authoritarian rule. There was tension between an increasingly confident civic Malaysian society and Mahathir's collectivist-authoritarian control of the society. The 1998 UMNO dispute was a clash between Mahathir's collectivist-authoritarian nationalism and Anwar Ibrahim's individualistic-libertarian nationalism. The latter attempted to mobilise Malaysian society with his nationalist position (the Reformasi movement) which was expressed in the demand for liberal political reform. After the dispute, Mahathir was able to regain lost political ground through the politics of fear. It seems, however, that the fundamental question remains unresolved. This unresolved tension between the demand for individual liberty and rights and authoritarian control by state elites is likely to shape the ideological arguments in future UMNO factional disputes
Benzodiazepines: Predominant Reported Acute Poisoning to Private Sector Tertiary Care Hospitals in Karachi
No full textBackground: Acute poisoning is a major medical emergency that translates into morbidity and mortality across all age groups, it is a potentially preventable cause of illness and death. This study was carried out to assess the epidemiological information of acute poisoning among the general population presented to the three campuses of a private tertiary care teaching hospital in Karachi, Pakistan.
Method: The cross-sectional study was conducted at three campuses of a private tertiary care teaching hospital, Dr. Ziauddin Hospital in Karachi, comprising of records from January 1, 2018, to December 31, 2022, of patients reporting acute poisoning. These records were accessed after getting approval from the Ethical review committee. Consecutive sampling technique was applied while data was collected. All cases of acute poisoning reporting to the emergency department with complete records were included. While data of those with any other diagnosis or incomplete record were excluded. Descriptive analysis was performed for quantitative variables. For categorical data frequency and percentages were extracted. The chi-square test was used to associate categorical variables. P value less than 0.05 was taken as statistically significant.
Results: The total number of cases was n=518 out of which n=235 (45.4%) were males while n=283 (54.6%) were females and the maximum number of cases n=111 (21.4%) were associated with Benzodiazepines followed by insecticide poisoning and ingestion of rodenticides.
Conclusions: The most susceptible groups to acute poisoning were found to be women and children. A prevalent agent that caused toxicity was benzodiazepines; the biggest number of cases occurred in April, while the lowest number occurred in December. The year 2020 was linked to the highest number of cases
Surgical Outcome of Short Segment Instrumentation including Fracture Vertebrae of Thoracolumbar Burst Fracture
No full textBackground: Fractures of the thoracolumbar region are the most common injuries of the spine; among them burst fractures are the most frequent. Several studies were done to see the surgical outcome in thoracolumbar burst fracture hence surgery was recommended for better outcome. So, the current study was aimed to evaluate the clinical, functional and radiological outcome of short-segment pedicle screw fixation including the fractured vertebral body. Objectives: The aim of the study was to evaluate the surgical outcome of short segment pedicle screw fixation including fracture vertebrae of unstable thoracolumbar burst fracture with incomplete spinal cord injury. Methods: In this prospective observational study, a total of 62 cases were studied from May 2019 to May 2021 through non randomized purposive sampling. All the patients were between 15 to 60 years of age and operated within 21 days of fracture by posterior decompression & stabilization by short-segment pedicle screw fixation including the fractured vertebral body. Postoperative functional outcome was assessed clinically by ASIA, ODI, VAS, Denis Work Scale, Macnab criteria and radiologically by Cob’s kyphotic angle, kyphotic deformation, Beck index & Bridwell criteria. Postoperative follow up was conducted at 6th, 12th & 24th weeks. Statistical analyses of the results were be obtained by using window-based Microsoft Excel and Statistical Packages for Social Sciences (SPSS-24). Results: The mean age was 31.42±11.2 years with male dominancy (74.19%). Most of the cases were manual workers (51.61%). FFH was the most common cause of injury (80.65%) and L1 was the most common level of injury (54.84%). The mean duration between injury and operation time was 14.45±3.72 days. Regarding improvement of ASIA grade, 1 grade in 46 (74.19%) cases, 2 grade in 2 (3.23%) case, no improvement in 14 (22.58%) cases were seen. Complications were hemorrhage 2(3.23%), dural tear 2(3.23%), CSF leak 2(3.23%), urinary retention 4(6.45%), skin infection 2(3.23%) and bed sore 2(3.23%). Conclusion: Thoracolumbar burst fracture with incomplete spinal cord injury can be treated with short-segment pedicle screw fixation including the fractured vertebral body effectively. This method offered a better kyphosis correction, no instrument failures, appraisable clinical and functional recovery, reduce pain and improve working status with early rehabilitation
Rule behind the silk curtain: the Sultanahs of Aceh 1641-1699.
No full textPhDThis thesis is about the kingdom of Aceh Dar al-Salam in the latter half of the
seventeenth century when four women ruled in succession: Sultanah Tajul Alam
Safiatuddin Syah (1641-1675), Sultanah Nur Alam Naqiatuddin Syah (1675-1678),
Sultanah Inayat Zakiatuddin Syah (1678-1688) and Sultanah Iamalat Zainatuddin Syah
(1688-1699). How and why these queens came to power, and how they exercised it, are
problems that have fascinated enquirers, prompting a range of comments and
observations, especially the assertion that the queens were mere figureheads, during
whose reigns the male elite (orangkaya) captured power. The Sultanahs were held
responsible for the erosion of royal power and the kingdom's decline in the seventeenth
century. Yet no in-depth study has ever investigated these claims. The main objective of
this thesis is to evaluate the received views on these female sovereigns. The thesis also
seeks to examine the origin, nature and impact of these Sultanahs. Female rule seems a
curious phenomenon in a Muslim state. Furthermore, in a largely patriarchal kingdom
such as Aceh, queens seemed to be strangely out of place. This unique episode in Aceh's
history happened when European Companies - the Dutch VOC (Veerinigde Ooost-Indische
Compagnie) and the English East India Company - were gradually increasing their
commercial hold and flexing their military muscles in the region. Indigenous polities
suffered increasing interference and pressure from Westerners. Most Malay and Muslim
coastal polities in maritime Southeast Asia fell into European intruders' hands. By
exploring the circumstances and arguments surrounding female accession, and
examining some key episodes that show how power worked in Aceh at the time, I hope
to approach a new understanding of how and why the male elite of Aceh placed the fate
of the kingdom in the hands of women, and with what effects
