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Maqāṣid al-sharī‘ah is acknowledged as one of essential foundations in determining shariah rulings. However, some contemporary fatwās continue to be issued that disregard maqāṣid al-sharī‘ah, while some groups have also misunderstood it leading to misapplication. This paper will analyze the methodology employed by classical Islamic scholars in establishing the concept and principles of maqāṣid al-sharī‘ah. The analysis will compare the methods of determining maqāṣid al-sharī‘ah by Muslim scholars with current scientific research methods. This study utilizes the qualitative methodology by examining classical and modern scholarly writings. The collected data is analyzed thematically based on an inductive approach. Findings of this study demonstrate that formulating maqāṣid al-sharī‘ah concept and principles involves analyzing textual injunctions. The istiqrā’ inductive reasoning applied by Muslim scholars bears similarities with thematic analysis in modern qualitative research. Hence, maqāṣid al-sharī‘ah represents the implicit objectives unifying diverse shariah rules. It holds greater epistemic certainty compared to individual scriptural proofs, being supported by multiple textual evidences across various domains of rulings. As the mafhūm(implicit meaning) of the Sharī‘ah corpus, maqāṣid guides ijtihād without compromising fundamental sharī‘ah tenets. Proper application of maqāṣid al-sharī‘ah facilitates determining contemporary rulings that fulfill the objectives of sharī‘ah itself. This paper advocates grounding ijtihād and fatwās in maqāṣid al-sharī‘ah through holistic textual analysis. This enables addressing new challenges through appropriate sharī‘ah rulings while avoiding rigid legalism or unfettered rationalism.

This paper aims to evaluate the peculiarities of a mechanism utilised by the Indonesian government to conduct infrastructure development, that is, the government’s assignment of contracts to state-owned enterprises (SOEs). This mechanism differs from public procurement or public-private partnership. This paper raises three questions: (1) What are the advantages and disadvantages of employing government assignment of contracts to SOEs? (2) What should be done to prevent the disadvantages? and (3) What lessons can be learned by other countries from the Indonesian experience? This paper employs qualitative legal research. It starts by analysing public satisfaction and dissatisfaction as reflected in the news, literature and interviews. The legal causes of dissatisfaction which are basically the problematic regulations, are then analysed. Finally, the legal principles and legal concepts enshrined within the regulations are examined to seek legal solutions. The advantages of the government’s assignment of contracts to SOEs are to simplify the tender process and to enable the government to quickly provide infrastructure. Nonetheless, the private sector feels aggrieved because the regulations that dictate when a project may be contracted to an SOE are unclear, and public funding is predominantly circulated among the SOE groups. To address these problems, the government should adhere to the globally recognised principles of equality and accountability and the concepts of competitive neutrality and the right to development. The bittersweet Indonesian experiences maybe not only the refinement of the Indonesian law and policy, but also their use as food for thought for any country considering infrastructure development.

The laws in Malaysia uphold the rights of children to participate in family law proceedings, particularly in custody disputes. However, with regard to the practice of mediation (sulh) in child custody disputes, the specific legislation that highlights measures to obtain the views of children is still vague. This paper will discuss the practice of children’s participation during mediation (sulh) in child custody disputes. The study reported in this paper has also highlighted the challenges and the adequacy of legal provisions on the practice of children’s participation during mediation (sulh). The present qualitative study has adopted a library-based research method to collect information, data, and theories from selected materials, including journal articles, textbooks, statutes, and interview methods. It also discussed how children were engaged in court-directed mediation proceedings in the Syariah Court of Malaysia. It has also examined the practice of the Syariah court in accepting the voice of children in mediation regarding decision-making in child custody dispute cases. The examination focused on the relevant legislations and policies relating to children participating in mediation in the context of international legal provisions and Syariah laws. The paper further discussed the analysis of whether the rules and procedures in Malaysia are adequate to sustain children’s participation during mediation. The data were also gathered from interviews conducted with mediators or sulh officers. Finally, the study revealed that interviewing children during sulh sessions at the Syariah Court is common even though there are no clear regulations on the practice. It is suggested that a broader interpretation of the current legislation on the voice of children enables the legality of the practice of accepting children’s voices during the Majlis Sulh. Furthermore, it is recommended that a proper standard operating procedure (SOP) for obtaining children’s views during the mediation (sulh) process is also needed.

The current global Muslim community is facing new challenges amidst the remnants of historical colonisation, sectarianism, and current geopolitical, economic and social realities. Despite these challenges, Muslim communities in general have been consistent in preserving the religious precepts derived from the primary sources of Al-Quran and Al-Sunnah, which form the foundation of the Islamic identity. Although widely underemphasised, futures thinking is deeply ingrained in the precepts of Islamic thought since the time of Prophet Muhammad (pbuh), which unbeknownst to many, has indubitably shaped the transformation not only in Muslim communities, but has also influenced global shifts in civilisation from multifarious aspects, for example, science and technology, arts, governance and social justice. This paper seeks to illustrate the significance of Islamic futures thinking as a foundation for progress in Muslim communities, by applying the qualitative methods of content analysis and engagements in focus group discussions. To this end, the study analyses data obtained from the exploration of Islamic texts, traditions and literatures on the Islamic perspectives of futures thinking. This paper advances the proposition that futures thinking has a profound basis in Islam due to the universal nature of the Islamic concepts of knowledge, the methods of addressing gradual and imminent change, its constant inspirations towards excellence and a justly balanced society, as well as Islamic ethics in foresight. Findings of this study highlight the importance of futures thinking as a capacity that must be developed in the Muslim world as part of the process towards long term social transformation.

Aut dedere (extradition) is an erga omnes obligation towards the international community aimed at closing the gate of safe haven so that the international criminal will face the consequence of his heinous act directed at the international community from the requesting state. The term aut dedere has not been used in conventions or treaties until the eighteenth century. This paper examines the necessity of integrating the doctrine of 'aut dedere' (extradition) into International Aviation Conventions to combat civil aviation offenses and seeks to explore its treatment under Islamic law, and the potential for punishment for refusal to extradite offenders. Through doctrinal legal research, the paper reveals that while aut dedere is obligatory under conventional law, it lacks enforceability without associated punishments. Conversely, extradition under Islamic law is deemed mandatory due to its universal nature. The paper underscores the relevance of Islamic jurisprudence in modern international legal frameworks and recommends amendments to International Civil Aviation Organization conventions to enforce extradition provisions and recognize civil aviation crimes as international offences, consistent with Islamic legal principles.

Parliamentary questions are one of the most widely used and common parliamentary control instruments. The purpose of parliamentary questions in the United Arab Emirates (UAE) is to hold the government accountable and reveal violations or clarify facts in the work of the executive authority. The Federal Constitution does not provide means of parliamentary control over the government, so parliamentary questions play a bigger role in the UAE than in other countries. This paper examines the practice of parliamentary questions in the Federal National Council (FNC) of the UAE. The methodology employed in this paper involves a comprehensive analysis of the practice of parliamentary questions within the context of the UAE's Federal National Council (FNC). Through a qualitative approach, the study delves into the role of parliamentary questions as a tool for governmental reforms, transparency enhancement, and executive authority accountability. Utilizing both primary and secondary sources, the research examines the impact of parliamentary questions in revealing violations, elucidating facts, and addressing citizens' everyday concerns. By employing a multifaceted analytical framework, this study offers valuable insights into the significance and effectiveness of parliamentary questions within the UAE's political landscape. The key findings in the paper on the practice of parliamentary questions in the UAE's FNC underscore the essential role of parliamentary questions in holding the government accountable and ensuring transparency. The document reveals how parliamentary questions serve as a vital tool for revealing violations, clarifying facts, and prompting governmental reforms. Overall, this paper highlights how parliamentary questions are a vital component of governance in the UAE and emphasizes their importance for ensuring accountability and transparency in government operations.

In criminal litigation, evidence plays a very significant role in ensuring that justice is delivered. Nevertheless, justice cannot be achieved without the correct application of standard of proof. Failure to apply the correct standard of proof could result in miscarriage of justice. This paper examines the concept of standard of proof from the Islamic and common law perspectives. It also analyses the similarities and differences in the application of standard of proof under both legal systems. This study is a doctrinal research and utilises qualitative methods. The primary and secondary data are gathered using the documentation method obtained from library, legal statutes and reported cases. The gathered data are then further analysed using content analysis method. Findings of this study show that there are similarities and differences in the concept of standard of proof in criminal cases under both legal systems. In spite of the similarities, several applications under the common law should not be referred or utilised in litigating Syariah criminal cases. This paper suggests that the standard of proof under Islamic law is to be harmonised with the common law in the prosecution of criminal cases in the Syariah courts. The research conducted contributes towards the knowledge in distinguishing between the Islamic and common law principles particularly for countries that practise Islamic criminal law.

This paper examines the implications of the General Assembly's failure to adopt a resolution on the International Law Commission's Draft Conclusions on Peremptory Norms (“Draft Conclusions”) during its seventy-seventh session. While the non-decision does not affect the legal status of the Draft Conclusions, it raises questions about its reception and the underlying reasons for the lack of resolution adoption. The inclusion of an Annex with a non-exhaustive list, particularly addressing the right to self-determination, led to opposition from a subset of States. Despite the strong pedigree of the norms in the Annex, dissenting voices, primarily questioning the status of certain norms, played a pivotal role in the non-decision. This paper contends that the dissenters' success in preventing the adoption of a resolution could prompt the International Law Commission to exercise greater caution in its future work. The Commission may become more inclined to avoid addressing sensitive issues, potentially leading to a tendency to seek the lowest common denominator in its outputs. The analysis delves into the potential impact on the Commission's approach and the broader implications for the development and acceptance of peremptory norms of general international law.

International legal developments may have an impact on the formulation of laws and policies in a country. In terms of criminal law, for example, there are international calls for some municipal laws to be revised. Among them is a call to repeal the law prohibiting attempted suicide and the death penalty. This abolition step is said to be required to ensure the welfare of modern society. However, the government must carefully investigate this matter while keeping the context of the country in mind. Furthermore, some international laws may be incompatible with Shariah. In dealing with this issue, the government may apply the siyāsah syar‘iyyah approach in making decisions and considering appropriate actions. The aim of this paper is to discuss the concept and elements of siyāsah syar‘iyyah, particularly in the context of criminal law implementation. Then, its application in dealing with issues pertaining to attempted suicide and death penalty legislation in Malaysia is discussed. Thematic and comparative analysis methods were used in the study. The study finds that the government has extensive powers in enforcing policies and laws relevant to current needs, particularly regarding the crime of takzir. However, there are certain guidelines to ensure that the actions taken by the government is fair (siyāsah ‘ādilah) and in accordance with shariah. In Malaysian context, it is discovered that the process of reviewing the related laws takes into account the current reality (fiqh alwaqi’), considers the public interest (maṣlaḥah) and harm (mafasadah) (fiqh al-muwāzanat) and deliberates the priorities (fiqh al-awlāwiyyat), all which are elements of siyasah syar’iyyah. Thus, it is hoped that future government actions will benefit the people. [ABSTRACT FROM AUTHOR]

Cash waqf is a form of contemporary waqf that has great potential in the modern world. In Indonesia, despite its potential of 180 trillion per year, cash waqf collection, management, and distribution are not optimal. Nonetheless, the infrastructure sector in Indonesia faces obstacles, particularly in terms of funding. The innovation of the CWLFRA (Cash Waqf Linked DINFRA) model is, therefore, a solution to these two issues, as the proposed model is the result of an integration between efforts to optimize cash waqf and infrastructure financing via the Infrastructure Investment Fund (DINFRA). In this CWL-FRA innovation, waqf funds will be allocated to the mauquf 'alaih from the profits of infrastructure investment funds, which will become a source of long-term usable assets. As a result, the purpose of this academic paper is to develop a model capable of bolstering the ecosystem of Islamic social financial institutions and maximizing the potential achievement of cash waqf in Indonesia as a means of implementing sustainable finance and an effective instrument in reviving national economy through infrastructure development. In addition, this study seeks to determine the viability of the potential for developing the productivity of cash waqf in an effort to increase the effectiveness of achieving cash waqf to support economic sustainability with infrastructure potential. Nine respondents representing academicians and expert practitioners from both the waqf and infrastructure sectors filled out questionnaires to collect data. According to the results of the Delphi test, all respondents believed that there was a relationship between the Strengths, Weaknesses, Opportunities and Threats (SWOT) indicators, indicating that this model is implementable. Moreover, based on the level of agreement of respondents, this model has the potential to contribute positively to national economic recovery, become a sustainable source of social funds, optimize the potential of waqf in Indonesia, strengthen the ecosystem of waqf social finance institutions, and improve the quality of management and maintenance of Indonesia's infrastructure. These findings demonstrate that integrating financial waqf with existing public infrastructure could positively affect the sustainability of national economic development. The novel aspect of this paper is the proposed cash waqf management system, which can serve as a useful reference for policymakers and waqf institutions seeking to develop a more effective waqf concept in terms of collection, administration, and distribution. Consequently, this study aims to demonstrate the potential for cash waqf, which can be integrated with DINFRA's product through the innovation of the CWL-FRA model, to become an investment instrument and offer a diversity of options to the waqf community.

Islamic banking is witnessing a significant increase in worldwide demand for its products alongside the increased interest in Sharīʿah governance, which is an essential means of ensuring that the products and activities of Islamic banking institutions fully comply with Sharīʿah (Islamic law), meet customer needs, and increase their competitiveness in both local and international markets. The aim of this paper is to evaluate Sharīʿah governance practices in Saudi Arabian banks and also ‎examine the level of adherence to Sharīʿah governance principles, institutional ‎frameworks, regulatory standards, and procedures within Saudi banks. This paper ‎employs a descriptive analysis approach, while the data were collected through a ‎questionnaire survey from 95 members of Sharīʿah advisory boards, Sharīʿah groups, and Sharīʿah governance committees ‎in 11 banks operating in Saudi Arabia. A regression analysis was performed to estimate relationships between the level of compliance and commitment to Sharīʿah governance in Saudi banks as a dependent variable, and the implementation of Sharīʿah governance, its dimensions, and the availability of implementing procedures of Sharīʿah governance as independent variables. The findings confirm the existence of variations between banks at ‎the level of implementing Sharīʿah governance principles and standards. The dimensions ‎of Sharīʿah governance received varying levels of attention in the banks, with ‎organizational structure ranking first, followed by the dimensions of responsibility and ‎disclosure, and finally, control, auditing, and accountability. The study reveals ‎disparities in the implementation levels of Sharīʿah governance between banks with full-fledged Sharīʿah compliance and conventional banks that offer Islamic windows. ‎Additionally, the study indicates differences in the adequacy of implementing ‎procedures for Sharīʿahgovernance principles and standards in both types of Saudi banks, attributed ‎to variations in bank size, product type, and organizational structure. The results of ‎the regression analysis demonstrate that the ‎implementation of Sharīʿah governance dimensions and the availability of implementing ‎procedures have a statistically positive effect on the level of commitment to Islamic banking and Sharīʿah governance. The paper suggests a necessity for training personnel in Islamic ‎banking, activating the role of Sharīʿah compliance units, and developing the ‎Sharīʿah governance framework in Islamic banking operations in Saudi Arabia.

This paper attempts to illustrate the primacy of the Shari’a-compliant murabaha transaction as a means of inconvertibility loss recovery by Islamic political risk insurers. In practical terms, the risk most likely to occur in an underdeveloped Muslim country is the risk of the local currency becoming inconvertible because of a certain action or inaction by the authorities of the host country which is the destination of an export trade transaction, or a foreign direct investment covered under a political risk insurance policy. The political risk insurance (PRI) operator most concerned with the subject of this paper is the Islamic Corporation for the Insurance of Investment and Export Credit (ICIEC), a member of the Islamic Development Bank (IsDB) Group. Where the PRI operator is established within the auspices of a lending agency which lends in local currency, and provided that the necessary legal arrangements are in place, the PRI’s local currency holdings could be passed on to the lending agency in the host country and the foreign currency equivalent thereof paid over to the PRI operator at its head office. In countries where a lender is not extending local currency financing and a speedy economic recovery is not expected, an attractive alternative for a PRI operator, as the authors argue, is the utilization of the local currency in murabaha transactions. PRI operators’ apprehension about the risk of inconvertibility finds expression in denial of the inconvertibility coverage altogether. Where this is not the case, a PRI operator may impose recovery ceilings, demand the expiry of extended waiting periods, as well as compliance with a variety of other conditions prior to recovery. This paper argues that such measures are self-defeating. A Shari’a-compliant PRI operator is necessarily established to provide coverage against commercial and non-commercial risks in poor Muslim countries. To deny or restrict inconvertibility risk coverage in such countries is unacceptable. Murabaha is a panacea for currency inconvertibility: it is the most popular form of Islamic financing in the world, it is easy to structure, and its profits are almost certainly rewarding. While the risk of non-payment of the price by overseas buyers of Muslim country exports is minimal, risks associated with murabahacould be further minimized by means of export credit insurance coverage by local export promotion agencies.

The introduction of One Person Company (OPC) has revolutionized the concept of Company operations around the world. Many countries have witnessed significant growth in their economy and Gross Domestic Products (GDP) as a result of the development of OPC. The concept of OPC received much reception because it allows one person to operate a company that has a corporate personality distinct from him. This paper is a comparative study of OPC practices in Asia and Europe with focus on legal entity, incorporation procedure, minimum share capital, appointment of a nominee and conversion of OPC. By using the doctrinal data gathering approach, the researchers examine the relevant journals, articles, books, papers, and Internet sources with a view to achieve the objective of the study. In choosing the sample States, the article further uses the GDPs as a yardstick for selecting the participating countries. The reason for adopting the GDP as the criterion is because it provides an economic snapshot of a nation which is used to calculate the size of an economy and its growth rate. The findings of the research paper reveal that the economies around the world were boosted since the inception of the OPCs. Countries like the United Kingdom, Singapore and China witnessed 3.5 percent growth in their economy since inception of OPCs. Establishing and operating Businesses have become easy because the single shareholder need not go through the tedious process of documentations, getting minimum requirements for partners as is applicable for other forms of company operations.

The positive acceptance of cryptocurrency by the public indicates their interest and enthusiasm for cryptocurrency. Nevertheless, the regulatory overlay related to cryptocurrency is still at its infancy level, posing challenges to its estate administration upon the death of the owner of a cryptocurrency, which will lead to its disappearance and loss as it becomes impossible to be inherited. Hence, in light of this undesirable possibility, this paper aims to analyze the legal and Shariah issues on the estate administration of cryptocurrency from the perspectives of Malaysian laws and Shariah. This paper examined doctrinal research by examining relevant legal provisions, Shariah rulings, fatwa, cases, and non-legal literature on estate administration. This paper concludes that there is a lacuna in the estate administration of cryptocurrency as its regulatory framework is still new and evolving. Therefore, the legal and Shariah issues highlighted in this paper may provide some important policy implications for regulators and policymakers to fulfil the lacuna in the estate administration of cryptocurrency in Malaysia.

In ensuring the agricultural sector remains competitive, the government has introduced fertilizer subsidy schemes to farmers. The objectives of this scheme are to help ease the burden of farmers as well as to optimize agricultural yields, especially for the paddy, rubber and oil palm sectors. However, there is still a leak in the distribution of fertilizer scheme which has caused the loss of millions of ringgit to the country. This is a commercial crime that needs to be eradicated immediately because it involves issues of integrity, corruption and breach of trust. Thus, this paper discusses the factors of malpractice and analyzes the relevant legal provisions on the issue of leakage of fertilizer subsidy scheme descriptively. The leakage problem needs to be addressed immediately in ensuring that fertilizer subsidy schemes can be delivered to farmers smoothly. The distribution of fertilizer schemes needs to be managed transparently in accordance with the law and give benefit to farmers in achieving more lucrative returns. [ABSTRACT FROM AUTHOR]

Concomitantly, with the increase of the Muslim population in the world, halal awareness has been on the rise. A lot of halalindustries have emerged nowadays, and among them are halal pharmaceuticals. However, with the advancement of technology, gelatin-based products have been widely developed and are being used in the pharmaceutical industry. Its halal status can thus be questionable (mashbooh). This paper aims to study the Islamic perspective on gelatin-based products in pharmaceuticals. The study uses a qualitative method which involves literature review from al-Quran, as-Sunnah, articles in journals, and other references from the internet that can be trusted as credible data sources. In addition, the methodology of this study includes researching the istihalah method and fatwa in Malaysia to determine the halal status of gelatin in pharmaceutical products. This paper also focuses on the Malaysian Standard of Halal Pharmaceuticals-General Requirements (MS 2424:2019) and the Malaysian Halal Certification Procedure Manual- Domestic 2020 (MPPHM 2020). The findings of this study show that gelatin mostly originate from animal sources. Therefore, its halal status can be questionable even if it comes from permitted animals such as cows or chickens. This is because the animals are only considered halal if they are slaughtered according to the precepts of Islamic law. In order to address such religious concerns, there have been a lot of research on the alternatives to animal gelatin such as from marine sources and plant-based sources. From the Islamic perspective, the use of gelatin from marine sources and animals that have been slaughtered according to Islamic rules is halal. However, gelatin which are sourced from pork and its derivatives are still haram after going the process of istihalah because its chemical substances remain the same and unchanged even after istihalah. Nevertheless, during an emergency, it may be permissible to consume medication containing pork gelatin if there is no replacement or alternative for pork gelatin even if it is from haram sources.

The Malay states remain sovereign from the pre-Federation of Malaya in 1957 until today. They acquired external sovereignty through international recognition via membership of Malaya in the United Nations. International law recognises Malaysia's continental shelf, a federation comprising a few coastal states under UNCLOS 1982. A local issue close to this subject is the Malay states’ rights in the Federation of Malaysia over petroleum production within the continental shelf adjacent to their territorial waters. Hence, this paper examines a Malay state's rights over Malaysia's continental shelf. This study is a qualitative legal analysis using a case study design promoting the method of watanic jurisprudence. Therefore, the Federal Constitution, UNCLOS 1982, and various statutes are analysed to answer many related issues beforehand. This paper has found that the territorial waters of the Malay states cannot be limited to three nautical miles from the low tide line in pursuance of the Territorial Sea Act 2012 without strict compliance with Article 2 of the Federal Constitution. The legitimacy of the territorial limits of the Malay states' waters is essential as it determines their rights to the continental shelf and its petroleum production.

Given the exposure to today's easy-to-know information, children should seemingly become mature faster than their predecessors, and therefore better informed even at a tender age. However, it remains to be seen whether fixingthe age of 18 forminors or children to enter into contracts is relevant. This paper focuses on contract law; it examines the age of majority and the legal implications of contracts entered into by minors. To a certain extent, this paper examines the issue by making comparisons between Malaysian and English law. The findings derived imply that the determination of the age of majority needs to be compatible with the capacity of minors and current realities. This determination must be premised on a fair balance between protecting minors' welfare and the interest of those who have attained the age of majority.

In the domain ofintellectual property (IP), the Geographical Indication (GI) is deemed to be a sleeping beauty due to its imperial reverberation in consolidating cultural and economic values, particularly in the developing and least developed countries. Bangladesh, being rich in cultural diversities and traditions, has a number of world famous foodstuffs, handicrafts, agricultural products and cultural heritage that could qualify as geographical indications. In this context, the country introduced a sui generis method of GI protection with the promulgation of the Geographical Indications of Goods (Registration and Protection) Act, 2013, which was also monumental in discharging Bangladesh's obligation under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The present paper has :firstly chosen to examine the concept of the GI and its legal framework from the IP perspective in order to safeguard both the cultural legacy and genuine producers of geographically exhibiting products of Bangladesh. The key focus of this paper is, however, on the compatibility of TRIPS to Bangladeshi law, particularly inrelation to the aspects of protection and registration of Gls, and to identify the unexplored challenges that the country is supposed to confront as a developing nation. Finally, this article portrays some way-outs to combat potential challenges and help ensure the prospects of Bangladesh in an ever expanding local and global market of GI goods.

In the last few decades, Malaysia has become a global hub for higher education services. Policies and programs have been put in place to improve the higher education system in the country and attract more international students. This development needs to be aligned with an effective dispute resolution framework to ensure the continuous development of the Malaysian higher education sector. The methodology employed in this paper is a doctrinal method based on the nature of the discourse. To examine the relevant higher education concepts and dispute resolution framework, research papers pertinent to the subject were analysed. In addition, relevant legislations were consulted to determine the adequacy of the existing legal framework for dispute resolution in the higher education context in Malaysia. The main objective of this paper is to examine the nature of education services and the existing dispute resolution mechanisms in the Malaysian higher education sector. The paper will explore education services as either a "public good" or a "private good" and whether students are consumers in the real sense and have consumer rights. This research establishes that although scholars have often argued as to whether or not students are consumers, in Malaysia and other Asian countries, students are perceived as customers, and therefore, the interest, welfare and satisfaction of students must always be of utmost priority. A thorough study of the existing laws reveals that there is an inadequate provision in the education laws in Malaysia, especially regarding the mechanisms of dispute resolution in its higher education institutions.

Many parties face difficulties in performing contracts due to the economic dislocation since the outbreak of COVID-19. The extraordinary nature of this pandemic situation calls for good faith in contractual settings. The discussion of this paper focuses on the imposition in a force majeure event which will cause many contracts to be unenforceable. The research method used doctrinal analysis to discuss the force majeure clause in the context of the COVID-19 pandemic and the obligation of good faith in contracts. This paper will discuss the COVID-19 pandemic as a force majeure event, arguing that the rise of "good faith" in contract law and the application of "good faith" in contracts as a mitigation for a force majeure event. The paper will then present its conclusion and recommendations. The findings highlight the significance of applying "good faith" in the event of force majeure and beyond as a mitigating factor in alleviating uncertainty and unfairness.

The Islamic world has been confronted with many challenges in recent history such as situations of violence, armed conflict, global pandemic and natural disasters. One of the many catastrophic consequences of such events are the findings of numerous unidentified bodies. Is the identification of dead bodies a legal obligation under both Islamic law and International Humanitarian Law (IHL) or is it merely a moral duty to help grieving family members? The purpose of this research is first, to give an overview of the Islamic law principles governing the identification of the dead. Second, to illustrate those principles with current examples of humanitarian challenges in the Islamic world. Third, to compare those Islamic law principles to IHL rules applicable in armed conflicts and demonstrate that both IHL and Islamic Law aim to end the suffering of families of missing persons. This research demonstrates that both Islamic law and IHL have rules which aim to protect the dignity and respect of dead bodies and they complement each other in contexts of armed conflicts or other situations of violence. By identifying the similarities and complementarities of both bodies of law this research paper contributes to expanding the legal framework which can be promoted and used by humanitarians to protect families of the dead and end their suffering by obtaining information on the fate and whereabouts of their loved ones. In cases of mismanagement of the dead, in Muslim contexts, resulting in the burial of unidentified bodies, humanitarians should discuss with religious authorities and raise the various principles of Islamic law described in this paper such as the prohibition of collective graves and cremation and the exceptions made in practice for the exhumation of dead bodies. International scholars should also underscore the importance of storing information on the deceased before burying them and of participating in the development of forensic science in Islamic countries.

This research aims to study the challenges relating to the unification of laws applied in Palestine as a result of the political fluctuations that Palestine has undergone since the Ottoman Empire until the present moment. The stretch of legal historical timeline covers the Ottoman rule, the British Mandate and the Israeli occupation, the annexation of the West Bank with Jordan and the Gaza Strip with the Egyptian administration, the complete occupation of all of Palestine, the emergence of the Palestinian National Authority and the era of unification of laws. This paper examines the obstacles that would hinder the unification of laws in Palestine, and in order to propose solutions, relies on the legal historical approach to narrate the contextual approaches in the issuance of laws during the different eras. The paper has also utilized descriptive and analytical approaches from the study of legal texts issued on the matter. This paper notes that the absence of a structured legal committee to harmonize the legal terms and nomenclatures in the laws issued by the Palestinian National Authority is a significant hindrance to the unification of laws in Palestine. This is in addition to the absence of executive regulations for most of the laws issued during the era of the Palestinian National Authority or in the previous eras, the absence of explanatory notes to refer to and specialized studies for the need to issue new laws to ensure its appropriate implementation. Such are important to adhere to the legislator’s intent and directions towards the effective execution of the law. This paper recommends a structured effort in the form of the establishment of committees to harmonize and unify the different laws as applied in Palestine, in addition to issuing executive regulations for the laws and developing explanatory notes as needed. ملخص البحث يهدف هذا البحث إلى دراسة التحديات التي تواجه توحيد القوانين المطبقة في فلسطين نتيجة التقلبات السياسية التي مرت بها منذ الدولة العثمانية وحتى اللحظة الحالية بدءا من العثمانيين مرورا بالانتداب البريطاني والاحتلال الإسرائيلي ومن ثم اتحاد الضفة الغربية مع الأردن وقطاع غزة مع الإدارة المصرية وحتى الاحتلال الكامل لكل فلسطين إلى نشوء السلطة الوطنية الفلسطينية ومرحلة توحيد القوانين. وتطلع الباحث لتحقيق مجموعة من الأهداف أهمها تسليط الضوء على المعيقات التي من شأنها أن تعيق توحيد القوانين في فلسطين ووضع حلول مقترحة للخروج من أزمة التداخل القانوني في ظل الوضع الراهن، واعتمد الباحث لتحقيق أهدافه على المنهج التاريخي لسرد التدرج التاريخي في صدور القوانين وفق الأزمان ثم المنهج الوصفي التحليلي من خلال دراسة النصوص القانونية الصادرة ووصفها وتحليلها، وفي الخاتمة توصلت الدراسة إلى: عدم وجود لجان قانونية لمواءمة المصطلحات القانونية والمسميات ذات الصلة في القوانين التي صدرت عن السلطة الوطنية الفلسطينية ونعني بذلك القوانين الموحدة، عدم وجود لوائح تنفيذية لمعظم القوانين التي صدرت في عهد السلطة الوطنية الفلسطينية أو في الفترات السابقة لها، عدم وجود لجان لعمل دراسات موازنة لاحتياج اصدار أي قانون لضمان تنفيذه بالطريقة الصحيحة، عدم وضع مذكرات ايضاحية تبين مقصد المشرع واتجاهاته، لذلك أوصى الباحث بتشكيل لجان لمواءمة القوانين والعمل على توحيدها، إضافة إلى إصدار لوائح تنفيذية للقوانين ووضع مذكرات إيضاحية.

The growth of illicit enrichment crime, or living beyond one’s means is a significant challenge in combating corruption. Many countries have shown their commitment towards preventing illicit enrichment crimes by criminalising and penalising illicit enrichment in their laws, including Hong Kong and Singapore. Illicit enrichment is a crime and Malaysia has no clear provisions on illicit enrichment to prevent it. Therefore, this paper analysed the adequacy of Section 36 of the Malaysian Anti-Corruption Commission Act 2009 [Act 694] (MACC Act 2009). The legal framework on illicit enrichment in Hong Kong and Singapore were referred as sources of critique. To achieve the said objective, this study adopted a doctrinal approach using qualitative research methodology. The scope of the paper is limited due to the inadequacy and indirectness of the law on illicit enrichment in Malaysia. This paper critically analysed the international framework of illicit enrichment and conducted a comparative analysis of the law in Hong Kong and Singapore, namely the Prevention of Bribery Ordinance and the Prevention of Corruption Act 1960, respectively. In conclusion, this paper found that the current law in Malaysia is inadequate and Malaysia can learn to adopt the said laws as provided in Hong Kong and Singapore. This study serves as a guide for legislators intending to address the current inadequacies of the law on corruption in Malaysia, equipped with better knowledge on the characteristics of illicit enrichment. Suggestions to address the issues are proposed.

Previous researchers’ general impression inferred that western colonialists contributed to the decline of waqf practice in the Muslim world. However, whether this statement is accurate in the case of the British colonial rule in Penang is uncertain. This research paper reviewed waqf practice in Penang under the British colonial rule. This paper also discussed how the colonial rule influenced and impacted waqf development in the state. Due to the nature of the study, doctrinal legal research methodology was employed, which involved examining law cases, legal provisions, policy documents, books, journal articles, and working papers. This study found that the British colonialists did not abolish waqf but improved its practice according to English trust and charitable laws. Unlike other colonialists, waqf practice under British rule in Penang had flourished, albeit with some flaws. The authors are convinced that this writing will provide a balanced perception of the colonialists and their hidden purpose in occupying the Malay states.

E-judiciary, meaning application of information and communication technologies (ICTs), in justice delivery mechanism is a global phenomenon as inordinate delay in settling disputes resulting in backlogs of cases is one of the common problems in access to justice in almost every judicial system. In Bangladesh, the backlog of cases has become a huge problem, creating a bottleneck in access to justice. Globally, case management is considered an approach appropriate to resolve the problem of delayed justice. Its attraction and utility lie in the ability of the mechanism to provide predictability in the administration of justice. ICTs are now regarded as essential tools for effective case management in addition to delivery of judicial services in an efficient manner. Realising its value as well as benefits, the judiciary of other countries like Australia, Malaysia, and India is using ICTs for reducing the backlog of cases and delivery of justice in an effective way. The countries have already modified their laws as such. To solve Bangladesh’s problem of delayed justice, a project for introducing ICTs in the judiciary has been launched by the Supreme Court of Bangladesh to facilitate prompt and efficient delivery of justice as well as necessary information to the litigants and the public. Hence, this article seeks to highlight the implications of ICTs in the justice delivery mechanism in Bangladesh. This study adopts the qualitative approach of research where primary and secondary data have been gathered from various statutes as well as existing literature. To underline the role of ICTs in making justice accessible, experiences of Australia, Malaysia and India have been shared in this paper. The paper finds that the application of ICTs in the judiciary can make a substantial impact in enhancing access to justice by reducing the backlog of cases. Therefore, the paper recommends that for ensuring access to justice, the application of ICTs in the justice delivery mechanism should be enhanced in Bangladesh.

The global use of genetically modified (GM) crops is rapidly expanding. While the advent of this agricultural biotechnology offers new promises to cater to the rising demand for Indonesia’s food security, the government should ensure its safety. This paper examines the regulatory regime over biosafety in Indonesia by considering the global fragmentation of biosafety regulation that debates its impact on environmental and health aspects. After Indonesia ratified the Convention on Biological Diversity and the Cartagena Protocol on Biosafety, which both specifically become the global guideline on how domestic biosafety policies are regulated, environmental and health issues are among the priorities which the use of GM crops contests to the precautionary approach. Amidst the insufficient scientific ground on its safety, GM crops' use is supposed to result in adverse impacts, and the suspicion over the safety of such a new cutting-edge agricultural technology ended with a series of rejections. This paper's results reveal that amongst the global contention over the regulatory regime on biosafety, which resulted in the bifurcation of the biosafety regulation, Indonesia has added to the new polarization. This polarization includes the release of GM crops certification, and Indonesia's desire to regulating biosafety deliberates over the definition and translation of biosafety in the domestic regulatory regime against the global regulatory diversity of biosafety.

The Orang Asli group forms a minority community in Peninsular Malaysia, whose livelihood mostly depends on their land and the surrounding area. Dispute over customary land rights of Orang Asli has been continual in Malaysia although Malaysian Courts, in several cases, have upheld the Common Law rights of Orang Asli to their customary lands. This poses a challenge to some Orang Asli communities and State Governments. Based on focus group discussion, profiling survey, and library research methods, this paper analyses the land rights of Orang Asli in Peninsular Malaysia, by placing focus on Orang Asli in Kampung Parit Gong, Jelebu, Negeri Sembilan. The findings indicate that the Kampung Parit Gong Orang Asli community has been strictly adhering to the customs of ‘Adat Perpatih’ since yesteryears, and that they highly value the land, both through usage of land and by inheritance. Several important concerns were raised by the Orang Asli in Kampung Parit Gong, particularly on the security over their rights on the said customary land and the guarantee of their future generations’ socio-economic well-being. Having said that, this paper proposes several legal and administrative measures to not only address the uprising issues, but also to ascertain that the rights of Orang Asli residing in Peninsular Malaysia are safeguarded.

This paper explores the adoption of Paul Samuelson’s Public Good Theory as a theoretical justification for a permissive licensing scheme enabling the use, and re-use orphan works in Malaysia. Orphan works are copyright-protected works with unlocatable or unidentified right holders, and are currently on the rise due to the proliferation of unregistered, anonymous, and abandoned copyright works. The literature denotes the challenges arising from the difficulty faced by potential users in obtaining the permission for creative and innovative use of orphan works as required under Copyright law. Such challenges impede the potential use and re-use of orphan works for the purpose of knowledge dissemination, progress in the arts, preservation and digitisation activities. This paper contributes to the current body of knowledge by canvassing two important issues. The first issue focuses on the challenges faced by potential users to use and re-use orphan works in Malaysia. The second is Paul Samuelson’s Public Good as a theoretical justification for permissive license to use and re-use orphan works. It is anticipated that a legislative reform grounded on Paul Samuelson’s Public Good Theory will spur grassroots innovations, creativity and entrepreneurialism among members of the public. The permissive licensing scheme supports global calls for legislative reform of copyright law to facilitate the use and reuse of orphan works.

The use of nanomaterials in food-by-food producers has increased in today’s modern society. Food that contains nanomaterials is known as nano food, which is associated with both benefits and risks. Due to the uncertainty of its risks, it is important to accord consumers with the right to informed choice in the context of nano food consumption. In the absence of this right in the existing food legislation in Malaysia, this paper aims to examine the underlying principles from the perspective of consumer-related theories to provide theoretical justification in reforming the present food legislation. This paper presents how the identified consume-related theories can be applied to explain the need for such rights in Malaysian legislation. Three consumer-related theories, which are the Theory of Planned Behaviour, Consumerism heory, and Postmodernism Theory, are analysed through a doctrinal approach and via theory analysis. Deductive inferences were made to establish the rationale for the need to have the right of informed choice available to consumers in the context of nano food consumption. The examination of the theories evidently shows that the right to informed choice can be exercised through labelling requirements for nano food. This paper contributes significantly to the existing body of knowledge as it highlights the need for the right to informed choice for consumers in nano food consumption, and emphasises the identification of consumer-related theories to support legislative reform so as to include the right. This paper suggests the use of labelling as a way of according the right to informed choice to consumers in nano food consumption.

Every country has its land policy system. Indonesia employs deeds registration which refers to the Basic Agrarian Law (BAL) and Malaysia uses a title registration system called the National Land Code (NLC). Indonesia has yet to complete its land registration mandate throughout the country since the mandate was officially introduced in the BAL 1960. While Malaysia has adopted a Torrens system concerning land matters, recognising that land registration is everything. The first part of the paper focuses on beneficial ownership, confidential land ownership data, identifying land registration constraints and strengthening land administration abilities, while the second part focuses on land registration as a legal instrument and land rights ownership affirmation. The main question in this research is to analyse whether the quantity, quality and legal certainty guarantees of land registration are strongly influenced by a well-organised land registration system. Indonesia and Malaysia are still addressing weaknesses in their respective land registration systems based on issues. There is a need for improvement of roles from two main stakeholders, namely the government’s role in streamlining administration and the role of community participation in supporting successful land registration. This paper will also provide recommendations for academicians, government/institutional leaders, and legislators to assess and continuously strengthen the BAL as the fundamental principle of land law in Indonesia, especially in its land registration system and legal certainty over land registration.

Many nations are creating E-courts to simplify court operations. However, religious e-Courts take more work to execute. This study has identified religious court e-Court implementation issues and solutions using Delphi and ANP. It first employed Delphi and a literature review to interview experts face-to-face. Eight judges, I.T. workers, and attorneys from three religious court districts analysed the model using a priority scale with an Analytic Network Process (ANP). The study found that infrastructure or equipment from the application of the e-Court system is the main issue, with a geometric mean of 0.306, followed by Human Resources (0.262), the system (0.219), and regulation (0.213). Improving e-Court system regulation (0.850) and infrastructure were the primary solutions (0.770). This paper details cluster priority solutions and issues. This study suggests that the highest religious court authority focuses on infrastructure, human resources, e-Court operational systems, and associated legislations. The government must adopt the e-Court system and registration laws to encourage more active socialising. The study prioritises e-Court implementation issues in the religious courts of Indonesia.

Agriculture is crucial in guaranteeing food security all over the world. Essentially, farmers play a significant role in food security. Producing improved crop varieties is one of the ways to increase sustainable crop productivity. Farmers in Malaysia, in particular small-scale farmers, are still practicing and relying on some traditional agricultural practices. In order to protect new varieties of crops and plants, there exists some legislation vis-a-vis intellectual property rights (IPRs) in the field of agriculture. Patents and plant breeders’ rights, for instance, bring with them some legal implications towards farmers. This paper aims to examine the existing legislation governing farmer rights in Malaysia, focusing on the relevant provisions of the Protection of New Plant Variety Act 2004 (PNPVA). The research also dwells on current issues pertaining to PNPVA’s implementation and the ongoing proposed amendment. The research has employed doctrinal analysis in its investigation and analysis, which has been based on the available data and materials, supported with input collected from an interview with the Department of Agriculture (DOA). The study has found that the concept of farmer rights should not be jeopardized amidst the Government’s commitment in harmonizing the law with the International Convention for the Protection of New Varieties of Plants (UPOV), while optimizing the access of Malaysian farmers to new crop varieties and plant technologies. The present study has also come to the conclusion that the Government must balance the protection afforded to plant breeders with that granted to the local farming community in Malaysia.

The concept of “sustainable public procurement” has emerged worldwide. It instructs governments to prioritize sustainability throughout the procurement process in the economic, social, and environmental aspects. Such a concept is significant as the government has an enormous purchasing power to stimulate the market. Nonetheless, past empirical research indicates that in the context of Indonesia, the country has not addressed several vital issues on sustainable public procurement despite the worsening environmental degradation. There have been no specific guidelines and capacitybuilding system established for government officers. Therefore, this paper aims to discuss this problem from the perspective of law and suggest the necessary improvements in the legal framework, utilizing normative legal research methods focusing on the applicable laws. Through a comparative approach, using statutes and conceptual frameworks, this study examines the Indonesian current legal instruments governing sustainable public procurement. Several other countries will be used as exemplars of best practices. This research finds that the legal framework of sustainable public procurement in Indonesia is relatively inadequate compared to other countries, particularly regarding guidelines for implementation and institutional cooperation. In addition to its Presidential Regulation Number 12 of 2021, Indonesia should strengthen the planning, monitoring, and enforcement mechanisms through strategic overarching plans and further regulations to foster the effective implementation of a system of sustainable public procurement.

Indigenous forests and indigenous communities have always shared a deep emotional, spiritual, and practical bond. This paper aims to methodically examine the relationship between the level of rights held by indigenous people concerning indigenous forest governance and the ability of the indigenous community in ensuring the long-term viability of its ecosystems. Concurrently, in examining and discussing these issues it is hoped that it can also contribute to the survival of the indigenous people in the future. The elucidation of indigenous people’s rights in the context of indigenous forest governance is based on the empirical scrutiny of the study hypotheses, utilizing the Sikor et al. type of rights. A quantitative analysis through Somer analysis was also carried out on the comprehensive secondary data sets obtained from six selected ASEAN member countries. The findings show that the six selected ASEAN member countries have not yet been granted the third level of rights for indigenous peoples with regard to indigenous forest governance. The statistical evidence strongly suggests the urgent need in these countries to grant indigenous people rights over indigenous forest governance, both within a legal framework and in practical implementation, particularly at the definitional and allocative level of rights. The absence of such rights at the highest levels raises significant concerns about the sustainability of indigenous forests and the welfare of indigenous people across the observed ASEAN member countries.

Various research has given valuable insights into the positive role of Clinical Legal Education (CLE). However, there is a dearth of empirical data reviewing the set-up of CLE in public law schools in Malaysia and assessing its role as a teaching and learning strategy in legal education. This paper summarises the development and structure of the Faculty of Syariah and Law's Legal Clinic pilot initiative at the Universiti Sains Islam Malaysia (USIM). It assesses the impacts of the initiative on students' learning experience. The assessment involved a content analysis of written feedback given by a batch of pioneer students selected to join the FSU Legal Clinics pilot project in 2019. The findings indicated that the students believe exposure to the legal clinic increases their comprehension of the law's application and provides awareness of the professional skills and values involved in the legal profession. The sample is small, and the findings are preliminary. However, it is hoped that the results will inform legal curriculum developers of the benefits that law students derived from their clinical experience and provide a basis for further research into formally including clinical legal education in the FSU legal curriculum. This paper also advocates that although setting up, planning and organising activities for a successful legal clinic involved a great deal of preparation, it would benefit students and be integral to teaching and learning strategy in legal education in FSU USIM.

Abstract in English: Waqf (Islamic Endowment) has played a vital role in solving the social problems throughout the history. This paper aims at discussing the role of waqf in tackling the current global pandemic i.e., COVID -19. The paper discusses the possibility of using waqf as a mechanism for mitigating the negative effect of the COVID-19 pandemic. Considering the strong connection between waqf and the stipulated conditions by the waqif (donor), the paper analyses the views of the past and contemporary jurists on the extent of the permissibility of overriding the conditions of the donor (shart al-waqif) by the waqf management. This paper adopts qualitative methodology, and the textual analysis is being used by reviewing the literature and previous studies related to the issue. The paper reaches some conclusions, the most important of which are: the confirmation of the vital role of waqf in alleviating the severity of COVID-19 pandemic. Likewise, waqf management is permitted to breach the conditions of the waqif if the need is warranted and the objective of waqf is being considered. To avoid the challenges of shart al-waqif (conditions of the waqif), the paper proposes the establishment of waqf, which will be looking after the interest and affairs of the victims of crises “waqf for azamat”. Besides, the paper recommends to the researchers and waqf managements reviewing of the structure of the Crises-Waqf. Abstract in Arabic: مشروع الوقف الإسلامي من الوسائل المهمة في تحقيق التنمية الاجتماعية وله دور عظيم في المشكلات التي تواجه المجتمع. الهدف من هذه الدراسة الوقوف على الأدوار يمكن أن يلعبه الوقف الإسلامي في مواجهة فيروس كورونا ما يسمى ب" كوفيد-19 " . تمت مناقشة مدى جواز توظيف الوقف الإسلامي كوسيلة لتقليل الآثار السلبية التي نجمت من هذا الفيروس. ولا شك أن للوقف الإسلامي علاقة وطيدة بشرط الواقفين لذلك حاولت الدراسة الوقوف على آراء الفقهاء قديما وحديثا، ومن ثم تحليلها لمعرفة مدى إمكانية خروج المؤسسات الوقفية عن شرط الواقفين. تم توظيف منهج البحث النوعي التحليلي من خلال مراجعة الأدبيات والدراسات السابقة المتعلقة بهذه المسألة. توصلت هذه الدراسة إلى جملة من النتائج، من أهمها: أن للوقف الإسلامي دوراً كبيرا في التنمية الاجتماعية ويمكن استخدامه في مواجهة فيروس كورونا- كوفيد-19، كما أظهرت نتائج البحث أنه يجوز لناظر الوقف أو المؤسسات الوقفية الخروج من شرط الواقفين إذا دعت الحاجة إلى ذلك، مع مراعاة مصلحة الوقف. وخروجاً من مشكلة شرط الواقف، تقترح هذه الدراسة للمؤسسات الوقفية إنشاء وقف إسلامي يهتم برعاية شؤون المتضررين من الأزمات "وقف الأزمات"، كما توصي الورقة المؤسّسات الوقفية والباحثين بالعمل في إنشاء "وقف الأزمات".

Academic research journals play a significant role in the field of academia. Its major functions in producing, disseminating and exchanging academic knowledge are important to showcase the research performance of individuals. Publication of academic papers has been considered as a criteria for appointments, hiring, promotions and tenure decisions, worldwide. The current requirement to consider publishing in high quality journals is in its indication of the quality of a person’s research output. It is measured through the quality of the academic research publications, the number of citations of specific papers and the total number of citations. Accordingly, it is important to examine the issues regarding high impact publication of Scopus law journals in Asian countries. This is to enable all new SCOPUS law journals to study and practice good governance in publishing quality articles and for the board of editors to enhance the quality of journal management. The objectives of this paper are: (i) to examine the profiles of law journals in Asian countries indexed by Scopus and Web of Science (WoS); (ii) to examine citations and impact factors of law journals in Asian countries indexed by Scopus and WoS; and (iii) to study the ranking of Scopus law journals in Asian countries. This was an exploratory research and thus qualitative research method was adopted. An oline survey and an interview(s) were conducted by the researcher to gather data. The chief editor and managing editors of the Scopus law journals were the respondents via the online survey and an interview was conducted with the expert in managing high impact publications i.e. the Director of Citation and Infometrics Division, Ministry of Education, Malaysia. Besides, secondary data was gathered from Scopus and WoS. In brief, the challenges in managing high impact journals are securing and maintaining high quality articles published by the journals. There must be periodic review of standard operating procedures by the board of editors in order to maintain an effective and efficient reviewing process, together with engaging staff with excellent proofreading skills. Additionally, the publisher must continuously upgrade the online publication system and maintain a friendly website for authors, subscribers and readers. Ethical practices and a focus on high quality and standard of article publication must be upheld by writers, editors, publishers including the indexing body.

Immunisation protection includes vaccination programme that is very crucial to prevent the spread of disease among children or those with low immune systems. However, the cases of contagious diseases such as measles have increased dramatically in many countries around the world, including Malaysia. This may be partly due to the rise of certain groups or movements that do not believe in the efficacy of the vaccines. This paper outlined the scenario and existing framework on the administration of the vaccines in Malaysia, with respect to the practices of some countries namely the United State, Italy and Singapore on the implementation of the immunisation programme to its community. Subsequently, this paper highlighted the issues on compulsory vaccination on whether it violated the fundamental liberties incorporated in the Federal Constitution. The researchers adopted a doctrinal approach, whereby materials were compiled from the Malaysian and other jurisdictions’ legislations, case laws, journal articles, and databases. This paper is intended for policymakers as well as the public to understand the possibility for implementing compulsory vaccinations from a legal perspective.

This paper aims to provide an examination of the theories that underpin corporate insolvency as developed in the US and the UK, and apply that to the two novel corporate rescue mechanisms; the corporate voluntary arrangement and judicial management, which are embedded in the Companies Act 2016 (CA 2016) of Malaysia. This paper adopted a doctrinal and theoretical approach to law. The tension in the corporate rescue mechanisms in the CA 2016 between creditors and other stakeholders of a company affected the objectives on corporate insolvency in Malaysia. This paper identified the theories that are reflected in the corporate rescue mechanisms in the CA 2016– a gap within the provisions which was left out in the process that ranged from consultancy and leading up to the drafting of the CA 2016. In addition, the objectives of introducing the corporate rescue mechanisms were identified. These findings may pave the way to reform the corporate rescue law in order to enhance its conformity with the objectives of corporate rescue in Malaysia. This in turn would facilitate the recovery of financially distressed companies and the minimisation of the loss of employment.

The purpose of this paper is to determine if the law currently in force is ineffective and thus contributes to the occurrence of forest offences. The paper analyses the punishments under the National Forestry Act 1984 based on the perceptions of related stakeholders on the effectiveness of those punishments in addressing illegal logging and other forest offences. A questionnaire was utilized to obtain responses from 240 purposively selected stakeholders. The collected data were analysed in the context of measures of central tendency to identify the extent to which the respondents agreed with the stated items. The results demonstrate that the law was generally perceived to be acceptable. The findings also identified compensation payment based on the value of tree or wood as themost significant item, while longer imprisonment term was rated as the least significant item.

E-Wallet has been applied in Muslim and non-Muslim jurisdictions in many parts of the world including Malaysia, China, India, and Korea. The application is widely used and has raised questions with regard to legal and shariah issues. This paper aims to analyse specifically, legal issues affecting e-wallet practices. This paper adopted a qualitative research approach. The data collected include document reviews, ethnographical interviews and observations. This study found several legal issues related to e-wallet inter alia, an unclear position on the liability of board directors of e-wallet operators, breach of mandate and exclusion of liability of e-wallet operators. As e-wallet is important as an enabler to increase financial inclusion, it is important to address the legal issues on e-wallet to enhance good governance and best practices of e-wallet in Malaysia. The findings from this paper can be used as a basis for policymakers including scholars in the formulation of guidelines on legal and shariah compliance of e-wallets.

Capacity is the legal right and empowerment of a legal person to individual responsibility. A legal person has the right to social, economic, and political duties and responsibilities in the society to sue and be sued in the law court. However, the issue of artificial persons has been gaining attention in recent times, especially its legal capacity. This paper examines the legal capacity of Artificial Intelligence from Islamic jurisprudential perspective. For instance, legal and juristic issues remain around the legal capacity of humanoids like Sophia Robot which was granted the first full citizenship in Saudi Arabia. Does that citizenship translate to full rights and responsibility like a normal human? The study uses a qualitative method to employ the doctrinal approach of analyzing Islamic jurisprudential opinions on the legal personality of an artificial person. Although there are Islamic thresholds on minors and other interdicted persons, however, the study explores the extent of interpolating classical Islamic rulings of the legal capacity of certain corporations, entities, and interdicted persons on the artificial intelligence robot. The study found that an artificial intelligence robot does not have the complete traits to be considered for natural legal capacity. However, AI has the trait of artificial personality that is justified in Islamic jurisprudence. The vicarious tortious liability can be interpolated on the artificial personality of AI to ensure the protection of the public interest. Therefore, this study lays the groundwork for further studies in understanding how Islamic law can address the rights, responsibilities, and ethical considerations surrounding the use of AI, thereby facilitating the development of comprehensive, and religiously sensitive regulatory frameworks.

Related party transaction or RPT is a transaction that could either be harmful or beneficial to the company and minority shareholders. RPT can be considered as an efficient tool for the company or abused by the controlling shareholders. Therefore, one of the key factors to address this transaction is through disclosure. This study applied a content analysis method using materials that were largely library-based including primary and secondary data. The former was gathered from relevant theories to explain the application of the legal theories. Meanwhile, the latter was derived from published materials, such as textbooks, journal articles and online databases. In order to assess these materials, a combination of descriptive, critical and comparative data analysis approaches was employed in this study. This paper aims to understand the underlying applicable legal theories on RPT by analysing and comparing the disclosure framework in Malaysia, Singapore and Thailand that adopt the ASEAN Disclosure Standards (“ADSâ€). This paper finds that there is a disparity in the disclosure standard among these states despite having ADS in place. This problem calls for a clearer ex-ante approval process in ADS and to consider the model from the European Union’s Shareholders Amending Directive 2017/828 to improve the disclosure framework in each jurisdiction. In conclusion, ADS indicated the requisite for the conflicted parties to declare and obtain approval from the minority shareholders however with unclear procedure and minimal threshold.

The formulation of the National Policy on Industrial Revolution 4.0 (IR4.0) and Internet of things signals the Malaysian government readiness to come up with the necessary policy framework for the digitalised era. It has been said that universities’ curriculum structure and instructional design must also be revisited to ready the graduate to face the onslaught of technological revolution. Through content analysis of relevant literature, this paper analyses the myriad ways in which legal education has been impacted by IR4.0 both in terms of the ‘body of knowledge’ as well as the ‘skill sets’ required for law students to survive in the era of automatous systems. The paper is structured to first explain the concept of IR4.0 and how some national countries leverage the digital technology to improve their economy or facilitate social transformation. The paper proceeds with a discussion of how autonomous system, artificial intelligence and data analytics can enhance the instructional design of teaching and researching law. In terms of the body of knowledge, most of the legal principles drawn for the brick and mortar environment are no longer relevant in the IR4.0 era. The paper reveals that the traditional method that focuses on the training of law graduates to think like a lawyer by understanding the reasoning in the judgement of cases or the preparation of conveyancing and court documents are no longer relevant in the IR4.0 era as these activities could easily be undertaken by bots. Instead, law students should be imparted with a multiplicity of human skills that could not be performed by autonomous systems such as those involving conscience, high level thinking, and emotion such as mediation, negotiation, counselling, court prosecution, advocacy, witness examination, plea mitigation as well as social skills, resource management skills, technical skills and most importantly system skills.

Malaysia continuously negotiates, signs and ratifies international treaties to foster closer relationship with its counterparts. The Federal Constitution of Malaysia provides no direct provision in granting treaty-making capacity to a specific person(s) or institution(s). However, it may be deduced from the available provisions that such power is exercisbale by the executive arm of the Federal Government. By definition, the executive includes the Yang di-Pertuan Agong, which is elected among the Malay Rulers by the Conference of Rulers. This paper reassesses the roles and functions of the Yang di-Pertuan Agong and the Rulers in the making of international treaties. The study is carried out using library based research method that assesses the provisions of the Federal Constitution, local case(s) and international conventions, in particular the Vienna Convention on the Law of Treaties 1969. The paper will delve into the available legal documents to explain the functions of the Yang di-Pertuan Agong and the Rulers under the Federal Constitution and accordingly reassess the legal position of the the Yang di-Pertuan Agong and the Rulers in the making of international treaties. The finding of this paper will show that, in practice, the Yang di-Pertuan Agong and the Rulers hve no the executive power to conclude and sign international treaties. Nonetheless, the Federal Constitution does confer certain limited powers on the Yang di-Pertuan Agong and the Rulers that may indirectly influence the making of international treaties. These roles are normally consultative in nature.

Following the upsurge and development in the globalized and emerging economies, commercial misunderstanding and disputes transcending national borders may also be on the rise. Such disputes can hamper the economic activities and operation within those emerging economies, in particular those activities related to the foreign direct investment. National legal mechanism may not be attractive to international investors. Instead, international commercial arbitration (ICA) could be a preferred choice by foreign investors through which contractual disputes can be resolved via independent forum because it helps to foster market efficiency, facilitate foreign direct investment and protect the interest of foreign investors. To offer insights on this issue theoretically and empirically, this paper presents a logic-based and empirically based conceptual discussion to investigate the influence of ICA on FDI, in particular its application in the context of Algeria and the importance of domestic courts’ execution of arbitral awards. The paper finds that ICA is indispensable to contractual conflict resolution and can consequently assists FDI inflows into the country that entrenches it. Algeria may increase FDI inflows by strengthening the legal framework for arbitration through the enhancement of national laws relating to ICA and guaranteeing their effective execution and enforcement by local judicial system.

In the past few years, there has been an increasing concern over the discrepancy of standards of the corporate governance amongst the developed and the developing countries since they affect their competitive advantages economically. In 2017, Saudi Arabia and Malaysia have amended their codes on corporate governance, in order to promote ethical behaviour, transparency, accountability and investor stewardship. In this paper, the researchers analyse the important features of these new codes of Saudi Arabia and Malaysia. They use a comparative approach to identify the advantages and limitations and also to determine areas for improvement. This paper finds that several transformations were already taking place in both jurisdictions. However, there are many areas that require continuous development, especially those related to the independence of the board, gender diversity problems, and impartiality in the decisionmaking process. The researchers suggest that many recommendations regarding the manner in which the two countries can address the loopholes and thereafter, improve their corporate governance codes in order to be on a par with international standards.

It is fundamental that the content of the advertisement must be free from any disputable errors. Otherwise; the owner of the advertisement shall be liable for customers’ claims in regard to its content. Obviously, advertisements, be it traditional or online are exposed to legal repercussion should it fails to comply with the terms as per advertised. This paper discusses the legal implications of such advertisement from a contract law perspective focusing on an electronic advertisement containing price errors. It refers to the area of mistake in contract law and highlights the common law and equitable approaches in dealing with this issue. In addition, it focuses on the Malaysian legal provisions pertaining to mistake in contract law and also the issues of unfair contract terms. This paper adopts content analysis method where the materials used were largely library-based consisting of primary and secondary data. The primary data was gathered from case-law to explain how the legal principles are applied. English cases are the major references considering their high volume of cases on contractual issues. The secondary data was based on published materials, such as textbooks, journal articles, online databases and the Internet. For analysis, this paper applied a combination method of data analysis, namely, descriptive, critical and comparative approaches. The judges’ statements in each case were examined carefully; highlighted loopholes, followed by rational justifications. The findings have established that notwithstanding the common law principle which recognises mistake as a vitiating factor in contract, the application of mistake as a defence in an advertisement containing price error demonstrates divergent approaches by the courts. In addition, a review on the Malaysian legal framework pertaining to this issue reveals that due protection needs to be enhanced in order to warrant justice shall be served to a customer who has an unequal bargain.

The constitution confers on the legislative arm of government impeachment power and prescribes when and how it should be exercised. Disputes arising from the exercise of this power are submitted to the courts for adjudication in line with their inherent powers. The issue of compliance with these constitutional requirements is a cause for concern as most of the impeachment proceedings conducted so far in Nigeria had been challenged in court for noncompliance. The question is, could this role played by the Nigerian courts ensure compliance? The objective of this paper is, therefore, to determine whether the courts could ensure compliance with the constitutional requirement for impeachment. In order to achieve the objective of this paper, doctrinal methodology is used whereby relevant materials were analyzed and conclusion made. The result showed that the role played by the courts cannot ensure compliance with the constitutional requirements because the courts only intervene after the conclusion of the exercise due to disrespect to court orders from the legislature. This is largely due to lack of specific role conferred on the courts in impeachment proceedings. It is, therefore, recommended that the constitution be amended to vest on the Supreme Court the specific role of ensuring that all the constitutional requirements for impeachment have been duly complied with before a public officer is removed.