Search

The mechanism of moral disengagement allows individuals to lessen feelings of guilt or shame stemming from immoral actions. Nevertheless, there is a paucity of local research on the functioning of moral disengagement mechanisms within the framework of social psychology and morality in Malaysia. The purpose of this study is to examine the relationship between moral identity and moral emotions, and whether they are associated with moral disengagement in the context of moral misconduct. The study targets UKM students who are pursuing their studies and residing in the residential colleges at UKM, Bangi. The research was conducted using a quantitative approach, with data collected through a questionnaire that included one demographic section and three sections examining different variables. A total of 200 UKM students from various backgrounds participated in the study and responded to the questionnaire. Most respondents were undergraduate students, with the majority being around 22 years old. The survey data were analyzed empirically using SPSS software. The findings revealed a positive relationship between the level of moral identity and moral disengagement. Additionally, there was a positive relationship between moral emotions and moral disengagement among UKM students. The results of this study can serve as a guide to understanding the relationship between moral identity, moral emotions, and moral disengagement. Given the lack of research on aspects of morality such as moral disengagement, these findings are particularly valuable. The conclusion of the study discusses and suggests several intervention steps that can be taken to raise awareness about the implications of moral disengagement, thereby preventing moral misconduct among students and the broader community. It also encourages more psychological and counseling researchers to explore various aspects of morality in their future research. [ABSTRACT FROM AUTHOR]

Appeal is one of the procedures found in the statute relating to the Mal procedure in the Syariah Court in all the states in Malaysia. Appeal procedures are established for the aggrieved parties by court decision. However, to the extent of the difference in jurisdiction to hear appeals in the syariah Court and whether it is in accordance to hukum syarak that such appeal be heard, should be discussed and analyzed. This paper explains the differencet jurisdiction of the court to hear appeals and to analyze the provisions of the appeal procedure in the Mal Procedure Enactment, accordance with Hukum syarak This paper uses pure literature and legal research methods to collect data to be analyzed using content analysis methods. The study shows that there are differences in the jurisdiction to hear appeals of the Syariah High Court and the Syariah Court of Appeal in the administration of Islamic Law (Federal Territories) Act 1993 and the Syariah Court (Perak) enactment 2018. Every appeal procedure in the Enactment of the Mal procedure in the Syariah Court is based on hukum syarak. This paper also highlights the importance of understanding the courts 'jurisdiction of hearing appeals and basis of hukum syarak for each appeal procedure to all Shariah law practitioners in Malaysia. [ABSTRACT FROM AUTHOR]

Syariah courts in Malaysia allow aggrieved parties to appeal lower court decisions to a higher court. Nonetheless, the question of whether appeals have a basis in the Islamic judicial system should be studied. Therefore, this article seeks to discuss the concept of appeal according to Islamic law, analyze excerpts of cases of appeal found in legal text sources, and analyze the views of jurists regarding appeal in the Islamic judiciary. A descriptive document analysis is employed in this study. The study found that appeal cases that were already decided were rarely discussed. Traditionally, classical jurists had only addressed appeals of decisions made that were contrary to Islamic principles, and the second judge could amend the decision after the appeal. Shariah courts in the present have adopted the procedure of civil courts, which allows the aggrieved party to appeal even if the ruling does not contradict shariah. This study is important as it shows the evolution of the Islamic judicial system in upholding justice for the disputing parties. [ABSTRACT FROM AUTHOR]

This article intends to examine the concept of manhaj and dawabit in issuing a fatwa. An account for manhaj attained through the consensus of fiqh scholars'opinions to assess its validity and compatibility with the syariah rulings. It further argues the importance of the knowledge of social science as an additional tool in issuing fatwa and extracting syariah rulings. It is acknowledged that issuance of fatwa only focuses on the zanniyy matters. However, the using of dawabit requires strict monitoring so that it will not go beyond the limits enshrined in the Quran and Sunnah. In principle, dawabit employed by the Prophet's companions had been arranged according to the systematic rules, known as manhaj or methods. A coherent and certain manhaj is the sole guideline referred to by the mujtahid in issuing fatwa from time immemorial. To comprehend the manhaj is vital to enable us to distinguish the thoughts and Ideas that were primarily based on correct principles and reasoning from those merely based on speculation or assumptions.

Malaysia is far advanced in introducing the Muslim friendly hotel segment as an Islamic tourism product. Malaysian hoteliers refer to three standards when offering Muslim friendly hotel services, which are namely the MS 2610: 2015 Muslim Friendly Hospitality Services Requirements, Crescent Rating Standard and Salam Standard. Moreover, CrescentRating Standard and Salam Standard have become standards for assessing Muslim friendly hotels at the international level. This study evaluated these standards in terms of their adherence to the Maqasid Syariah principle. Criteria for fulfilling these standards were presented and analyzed according to the five kulliyyat found in the Maqasid Syariah, such as protection of religion, life, intelect, lineage and wealth. Findings show that these standards strongly emphasize criteria related to safeguarding religion, such as performing prayers and fasting; safeguarding lives, such as consuming halal food; safeguarding the mind, such as abstaining from consuming alcohol beverages as well as safeguarding familial lineage, such as separating individuals according to their gender in swimming pools and spas. However, safeguarding lives, from the self-security aspect, and safeguarding property were not part of the criteria that determines the standards even though both these criteria are the fundamental needs of hotel guests. The failure to include these criteria has made these standards lose their holistic nature as well as become incapable of becoming evaluating standards that are completely detached from contemporary conventional standards. [ABSTRACT FROM AUTHOR]

Graduate employability study is important to determine whether the study program offered can provide graduates that are competitive in the job market as one of its benchmarks of effectiveness. This survey determines the impact of degree, work experience, generic skills and emotional management components on career development learning that reflects the level of employability among 212 graduates of the Faculty of Economics and Management at a Public Institute of Higher Learning (IPTA) in Malaysia. Questionnaires were used as instruments, and the data were analyzed using Partial Least Squares-Structural Equation Modelling (PLS-SEM). It was found that the degree, generic skills and emotional management components significantly influences the participants' employability, while the work experience component insignificantly influences participant' employabilitys. This indicates that the participants are provided with adequate academic knowledge, soft skills and emotional management, but are poorly equipped with work experience to enter the job market. The implication is that the Ministry of Higher Education, educational institutions and industry need to work together to address the problem of lack of work experience among graduates by providing some compulsory programs and more comprehensive industrial training that can expose students to their careers as a measure to minimize unemployment issues among graduates in Malaysia. [ABSTRACT FROM AUTHOR]

The 1970s to 1980s were a challenging time for the Malaysian Islamic Youth Forces (ABIM). The principles of their non-partisan struggle seem to be challenged by some of the developments that are still being discussed up to now. This article discussess three developments of the 1970s and 1980s that sought to 'thwart' the ABIM non-partisan image at that time. Assessment was made to identify whether the principle of non-partisan struggle moves in practice? The discussion was conducted using the first source obtained from the National Archives of Malaysia and also a second source, as well as supported by interviews with former ABIM Information Chief (1976-1982) and former ABIM president (1983-1991), Dato 'Dr. Siddiq Fadhil. The study views that it is important not only to understand ABIM's non-partisan principle, but also to see whether ABIM, as an influential da'wah movement in Malaysia is playing its role independently, or is influenced by certain partisan sentiments as alleged by some. [ABSTRACT FROM AUTHOR]

The use of vaccines has become increasingly popular in preventing the causes of death. The Malaysian government has implemented a national immunization program that requires children to receive 12 types of vaccines since birth. Besides, the government also encourages adults to take certain vaccines to control harmful diseases. However, certain vaccines that produced indicate substances such as embryos from eggs and mammalian cells, the production of vaccines using these substances is because there is no other alternative. Due to this matter, this big issue has caused concern for Muslims to produce vaccines because of the excrement substances in the vaccine. This study deductively analyzes the principles and principles of Syariah related to the use of excrement for treating diseases. Therefore, this study summarizes the status of the vaccine based on excrement substances of the perspective of maqasid syariah. This study concludes that the production of vaccines containing excrement elements today follows the principles of maqasid syariah and specific conditions. [ABSTRACT FROM AUTHOR]

Social exclusion refers to denial to the social system access, rights and privileges that are generally available to everyone. In economic context, social exclusion is closely related to poverty, vulnerability and economic inequality issues. Social exclusion will widen the economic inequality and prevent inclusive and sustainable economic development. Therefore, this study aims to study the determining factors of social exclusion among society. By understanding the deteminants of social exclusion, appropriate intervention measures could be devised. This study uses a qualitative systematic review based on Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA). Relevant primary studies were obtained and identified using a systematic procedure based on two (2) primary online journal databases, namely Web of Science (WoS) and Scopus for descriptive and thematic analyses. The findings of this study indicate that the main determining factors of social exclusion among society are: human capital capabilities, demographics, economics and other factors. Hence, these identified factors need to be taken into consideration by the relevant policy makers in formulating a more holistic and comprehensive socio-economic development policy in order to achieve higher level of social inclusion among society in Malaysia. [ABSTRACT FROM AUTHOR]

Land and space are important assets that are required for economic development, the well-being of a society and the stability of a country. The existence of land allows for various mega projects to be planned and implemented, which in turn generate lucrative income that will contribute to the revenue of a country. Further, land and space are needed for the construction and improvement of the country's key infrastructure, in order to maintain its competitiveness at both regional and international levels. Conversely, limited sources of land in a country will have a negative impact on the administration of state affairs and economic expansion. Singapore is one such manifestation; its limited land area has led the government to introduce a land-saving policy, whereby projects with high returns are awarded by tearing down old buildings that either have or do not have any historical value. This policy also requires buildings that have no commercial value to be reduced in space or combined with other venues such as other places of worship. There is also a suggestion to unite different places of worship in a multi-storey building. Islamic law recognizes the importance of land in human life and has prescribed legal principles to effectively regulate the use of land, such as ihsan and waqf. This paper aims to examine the viability of integrating mosques with other places of worship. It employs the inductive and deductive methods in collecting and analysing the views of the fuqaha. The findings of this study, among others, show that it is permissible to place a mosque in a multi-storey building, subject to certain conditions being put in place. [ABSTRACT FROM AUTHOR]

Social emotional intelligent ia s burgeoning field and related studies have been widely conducted in Malaysia. The Emotional Quotient Inventory Youth Version (EQ-i:YV) which was design by Bar-On and Parker, is an instrument to measure social emotional intelligent, specifically among children and adolescent aged between seven and 18 years old. Therefore, the main objective of this study is to evaluate the psychometric properties of EQ-i:YV. A total of 1067 students from various secondary schools in Kota Kinabalu and Kudat, Sabah was employed as the respondents. In order to test the reliability of EQ-i:YV, the internal measurement by using Cronbach's alpha was used. Meanwhile, the construct validity was tested by using inter-correlation validity test and Exploritory Factor Analysis (EFA). The results show that all the six dimension in EQ-i:YV display a good internal consistency with Cronbach's alpha values ranging 0.52 to 0.75. Nevertheless, the overall internal consistency of EQ-i:YV show high Cronbach's alpha value of 0.87. For inter-correlation validity, several dimension show positive correlation and several others do not. Meanwhile, EFA results show that most of the items have a medium and high loading. The psychometric evaluation towards EQ-i:YV gives an implication to researches who intend to conduct related to social emotional intelligence particularly among students or adolecents in Malaysia. [ABSTRACT FROM AUTHOR]

In Malaysia, Friday sermons have been utilized by Slates' religious authorities and goyernmenl to Influence the opinion of majority Muslim Nevertheless, the extent of the khutba as a medium to increase the level of acceptance of Sharia law in Malaysia has yet lobe discussed by any researcher. Thus, this article will discuss on how far khutba has spread and promoted hudud law in Malaysia, a motion that contradicted to the government's stand, despites so many initiatives June been launched to curb the influence of Islamlsm in mosques This research analysed khutba texts that had been delivered in 201 i until 2016 in several Malaysian States which transcriptions were accessible on the official website of the state religious department. All texts were analysed using filvtvo II software by thematic approach. This study found that religious bureaucrats in state level have been playing significant roles in shaping the society s understanding and support for the prospect of hudud law. Even though it is considered as rhetoric, the hudud law has been depicted in khutba as a divine law that should not be criticized and believe to offer a solution to decrease the criminal rale in the society [ABSTRACT FROM AUTHOR]

In Malaysia, identity politics has become one of the phenomena behind its ethnic relations that shadowing its society's ethnic relations. The Malaysian society has yet to find a conclusive formula for building a complete unity. The national identity, which is the instrument of unity, is still facing the collective consent of society as its orientation is rather exclusive. In order to dissolve that element, some advocated the multiculturalism idea to be held as the backbone of Malaysia's identity. However, this idea became problematic. As a result, there is ongoing debate on an identity in Malaysia, especially in terms of language and cultural position within the framework of national identity. This article attempts to analyze Malaysia's national history polemic in the setting of identity politics. We argued, although the polemic of national history was running on various issues, however, multiculturalism has become one of the most contested paradigms. We also argued that there is a close correlation with the different 'Nations of Intent' held by the Malaysian community. [ABSTRACT FROM AUTHOR]

Although the legal provision with regard to mualaf (new Muslim convert) registration is clearly stated in the state Islamic enactments, there is no any written law to determine the naming for mualaf. Starting from the year 1981, Malaysian religious authority published an official guideline on the naming for individuals who convert to Islam which is lately being criticised by some mualafs. This article intends to discuss the concept of naming from the Islamic perspective, issues related to naming of new Muslims and naming policy that administered at the religious institutions. Besides of that, the article also will discuss the narratives of mualaf regarding the implication of Muslim naming policy towards their personal life, identity, and family dynamic. Therefore, this research has conducted an in-depth semi structured interview with 11 mualaf and Muslim preachers who experience facing and handling issues related to identity change after conversion. The research found that although there is no any written law concerning the naming method for mualaf, however, the guideline on the naming published by the Department of Islamic Advancement of Malaysia (Jakim) has been taken as a policy in determining the naming for mualaf. Despite some mualaf agree to the practice of changing their previous names to Arab-Islam style names, however, there are several implications caused by the change since their identity record is not synchronized between all government and private agencies. The research also found that the practice of changing the name to Arab-Islam style name for mualaf has affected their ethnic identity and caused them problems with their family. This research is important to reevaluate the current naming policy for mualaf to make it more flexible and understand the mualaf's initial social culture in order to ensure the continuity of da'wah in Malaysia. [ABSTRACT FROM AUTHOR]

This study aims to investigate the level of knowledge about non-communicable diseases, treatment methods, stigma and medicine, eating habits and community norms in the form of taboo for indigenous female after childbirth, among Orang Asli communities in Kampung Chuweh 2, Lembah Belum. Majority of the adult Orang Asli in the village have participated in this study. The data collection was done using in-depth interviews while doing weaving activities where this activity is one of their leisure activities in the village. The findings show that the indigenous people's knowledge of non-communicable diseases is satisfactory. They do not rule out modern methods of treatment from the hospital even though they still practice traditional medicine. In addition, they are free from non-infectious diseases due to their nutrition that is not high in cholesterol and sugar. However, the nutritional status and reproductive health of the indigenous women here ought to be given more attention. This is because few of their babies were born premature as early as 5 months or 8 months of pregnancy and few were overdue of over 10 months and 12 months of pregnancy. [ABSTRACT FROM AUTHOR]

Disputes over Islamic law are generally decided by judgment in the Sharia court. However, for issues related to muamalat and Islamic banking disputes, the jurisdiction of judging is determined by the civil courts. Moreover, conflict arises when the fatwa which has long been gazette as the supreme law could not play its authority in court because its authority is determined upon decision by the Sharia Advisory Council of Bank Negara Malaysia and Security Commission. This article aims to discuss the position of fatwa and decision of the Sharia Advisory Council to be recognized as authority in court in discussing muamalat cases. Hence, document analysis method is used in clarifying the position of fatwa authorization and the Sharia Advisory Council as well as reports of court cases in judging the muamalat issues. The study found that even the fatwa has long been gazette nevertheless it is not recognized as the main authority when it comes to judging the muamalat cases. The paper also clarifies the position of Sharia Advisory Council of Bank Negara Malaysia and Security Commission as the recognized legal body that becomes the ultimate reference for any dispute of muamalat cases in court. Civil courts are more empowered in judging cases related to muamalat and Islamic banking as compared to the gazette fatwa at the state level. This article argues that legislative need to be further improved for a more effective role of fatwa and decisions of the Sharia Advisory Council in judging the muamalat cases. Moreover, more opportunity for jurisdiction should be given to the Sharia court in dealing with muamalat issues such as takaful and Islamic banking. [ABSTRACT FROM AUTHOR]

The Sultan is the head of the state Islamic religion such as enshrined in Article 3 of the Constitution. The doctrine of separation of powers is also incorporated in the Constitution. However, there are cases which show the Sultan's authority or jurisdiction in the Islamic Judiciary, such as in the case Timbalan Pendakwa Syarie Pahang v Kartika Sari Dewi binti Shukarno [2010] 1CLJ 172. In this case, the Sultan mitigated sentence for the offence committed by Kartika Sari Dewi binti Shukarno, changing punishment to community service. Hence, this research is conducted to study the extent of the Sultan's jurisdiction in the Islamic Judiciary. This research uses methodology of semi-structured interview with five Chief Judges of the Shariah Court from five different Malaysian states. Research findings are analysed using thematic and descriptive approach. Results of a literature review find that the Sultan has jurisdiction in the Islamic judiciary. However, this does not mean that the Sultan may exercise his powers arbitrarily as Malaysia practises the principle of separation of powers. The importance of this research is to assist in upholding the concept of Constitutional Monarchy. [ABSTRACT FROM AUTHOR]

Zakāh is an economic instrument that can improve the economy of a country. Indonesia is a country that has the largest Muslim population in the world. However, zakāh, which is the collective obligation of Muslims, has far from been implemented properly. Zakāh in Indonesia is still at the level of being a voluntary duty. This is exemplified by the fact that only some people pay zakāh fitrah. Their awareness to pay zakāh is still very low. This awareness is influenced by external and internal factors. The internal factor relates to a lack of chracter and knowledge, while the external factor regards the zakāh institution itself. Zakāh institutions are the most important factors to improve public awareness to pay zakāh. However, the issue which is being debated currently is about the inactive role of zakāh institutions towards improving the collection of zakāh. Many people have a lack of trust towards zakāh institutions which lead people to pay zakāh informally. This study will analyze the factors that determine why people pay zakāh to the National Zakat Agency (BAZNAS) in Medan, Indonesia. This study employed a survey method through questionaires to observe the determinants to pay zakāh. The data obtained was then analyzed using a descriptive method, Factor Analysis test, and Logistic Regression Analysis. The study found that people do not pay zakāh to BAZNAS because they are not aware that BAZNAS is the official zakāh institution. The factors that determine people’s awareness regarding the existence of BAZNAS should be the role of BAZNAS itself. This study is expected to help BAZNAS to improve their role in order towards increasing zakāh payment in Medan. [ABSTRACT FROM AUTHOR]

Raja constitutes as the Head of Islamic religion for its state as stated in Article 3. The Raja's power is subject to the concept of Constitutional Monarchy and Separation of Powers as mentioned in the Federal Constitution. However, the action of the Raja is said to have resolved the verdict against the syariah court judgment in the case ofPahang Syarie Deputy Prosecutor v Kartika Sari Dewi hinti Shukarno [2010] lCU 172 has triggered controversy when the sentence imposed on him has been changed to community service punishments. The effect of this phenomenon has led the process of Separation of Powers considered to have disturbed the Shariah judiciary system of state. The research s methodology is case studies through analyzing documents and in-depth semi-structured interviews on four Sharia Chief Judges, a registrar and research officers of the Sharia Chief Judge in five states in Malaysia. All data obtained through the interview were transcribed as verbatim and analyzed through thematic and descriptive approaches. The findings show that the Raja has the power to decide on the Islamic judiciary However, in fact this does not mean that the King can use such power arbitrarily This is because Malaysia practices the process of Separation of Powers and the King is bound by the Federal Constitution. [ABSTRACT FROM AUTHOR]

The maximum penalty for syariah criminal offences prescribed in the Syariah courts' enactment and act in Malaysia are three years imprisonment, RM5,000 and six strokes of whipping. Upon further scrutiny, these sentences do not commensurate with the crime committed which are indeed serious offences. In addition, the Syariah court enactment and act also do not prescribe any other punishment that may be sentenced against syariah criminal offenders in Malaysia. Therefore, the objective of this research is to analyse the scope of application of community service order based on the court's jurisdiction and to review the prospects of community service orders in accordance with the perspective of the Syarie Judges. This study has applied a semi-structural interview methodology by interviewing nine Syariah High Court Judges and the Chief Registrar of the Syariah Court in five states of Malaysia. The findings of the study were analyzed using thematic and descriptive methods. The study found that the community service order may be implemented as an optional punishment for the Syariah criminal offences in Malaysia. This is based on the Judges' beliefs that such a sentence has a bright prospect for implementation and also have a positive impact on offenders. This study is important and serves as a guidance for practitioners of Syariah law in Malaysia for the implementation of such a sentence. [ABSTRACT FROM AUTHOR]

Contract of exchange or uqud al-mu awadat is an important contract in Islam, in line with the fact that Islam encourages business activities that do not involve riba. In Islamic banking system, deferred contracts of exchange are frequently used for inancing purposes and they are commonly materialized as the mark-up contracts or al-murabahah contracts. Based on endogenous monetary theory which states that the stock of money is not determined by the central bank but by the banking system as a whole and the people, al-murabahah contracts create money and more importantly money in the amount that is closely related to inancing needs of real economic activities. Consequently, al murabahah contracts create money supply that can warrant better monetary stability than the money created through debt contracts based on riba principles. In reality, funds from al-murabahah contracts are the biggest component in Islamic bank inancing. These indings refute the view of majority of Islamic economists who suggest that Islamic inancial system should be modelled mainly from the proit and loss sharing principles. In contrast, a model that takes into accounts the al-murabahah principles and methods is more suitable in depicting the Islamic financial system. [ABSTRACT FROM AUTHOR]

and mind, but he only popular as a man of education and less popular as a leader in other area of study, particularly as a leader who understands jurisprudence. The objective of this study is to determine and identify the life of Mahmud Yunus and to display, highlight, and analyze his thinking of fiqh as a representation from the Indonesian scholars of fiqh. This study is a qualitative study. The main data obtained from the fiqh works of Mahmud Yunus, while supporting data consist from the books of classic and contemporary jurisprudence and other resources that are appropriate, and then was analyzed with content analysis techniques (content analysis) through descriptive, analytical and comparative methodology. Furthermore, data were also obtained from various informants through interviews (indepth interview), then was analyzed, worked on shows and presented in a report using descriptive methodology. As a results show that Mahmud Yunus is a scholar of Islamic reformers in Indonesia. In addition, as popular as an educational leader, he also can be called as a scholar / mujtahid in Indonesia. This can be seen from the papers, international experience, capacity and other scholars confession to him. His thought of Fiqh shows that Mahmud Yunus discusses various aspects of research and content in the knowledge of fiqh, especially in areas of fundamental and practical. Debate jurisprudence with such magnitude was presented with simple and easy to understand language parallel with the form, purpose, and provision of the work. Fiqh current issues / contemporary also get his attention in discussion. Moderate and open attitude towards different sects can be seen in his written of fiqh literature. His reference, comparison, views, and comments should not be limited between the four sects only, but sometimes extends to other sects. Furthermore, he also collecting the opinions of world scholars contemporary on a regular basis in order to analyze it for creating goodness and rejecting harm to people. Then, the application on relevant and muktabar of fiqhiyyah rules be taken as a priority by Mahmud Yunus in supporting his thought of fiqh. [ABSTRACT FROM AUTHOR]

Community service order is one of the suitable order for children in conflict with the law. Unfortunately in Malaysia, this particular order still not been stipulated under the Child Act 2001 (Act 611) for the juvenile (under 18 years old). Eventhough Malaysian Governement had mentioned about their plan to implement this order, there is lack of legal research regarding this order, in terms of theoritical, legal framework and the implementation. Therefore, the objective of this article is to discuss the community service order in theoritical perspective, legal framework and the potential implementation towards children in conflict with the law in Malaysia. This article found that the community service order is based on the rehabilitation theory dan one of the leading orders that upheld the best interest of the child. With this order, the juvenile offenders would be integrated with the society and eventually would reduce recidivism rate and potentially rehabilitate them. This research is significant as it contributes to the development of the legal framework for the community service order of the children in conflict with the law in Malaysia. [ABSTRACT FROM AUTHOR]

Every sentence disposed or ordered by court has its own justification. One of the most controversial justifications in the modern criminal justice system is deterrence theory. This article aims to analyse the deterrence theory as a justification in sentencing and discusses it comparatively in the light of civil and Islamic legal theory. Aspects that analysed are theoretical framework, types and elements that constructed the deterrent theory. This research found that both legal systems, civil and Islamic law, offer vast similarities in theoretical aspect. This research is significant as it potrays that all sentences in the Islamic law are validly justified, similar to the civil law, even though critics argued that they are cruel and barbaric. [ABSTRACT FROM AUTHOR]

Autism is a subtype of neuro-developmental disorders, that causes the afflicted person to have social skills deficit, which then manifests into their behaviours. Behaviours that are typical among persons with autism, such as obsessions with daily routine, difficulties in understanding abstract matters and codes of conduct may expose them to engage in indecent acts in public or exhibit other forms of risky behaviours that violate social norms and break the law. The objective of this research is to study the behaviour of persons with autism who tend to break the law based on the perspective of teachers at autism centres in Malaysia. Data were collected through focus group discussion (FGD) with 25 special education teachers who were directly involved in the process of early intervention and education of children with autism. Data obtained were then analyzed descriptively and thematic analysis was conducted to obtain the recurring themes. Results of FGD demonstrated that the frequently emerging themes of rule-breaking behaviors committed by persons with autism are physically hurting others, setting buildings on fire (arson), vandalism of public property, theft, sexual and cyber offences which are considered criminal acts under the Penal Code and the Shariah Criminal Offences State Enactment/Act. Most research participants, however, considered these behaviors to be part of the individual with autism behavior and thus do not consider them serious enough to report to law enforcement for investigation and prosecution. Thus, it is recommended that teachers, parents, and caretakers be more attentive to preventing high-risk behavior of persons with autism through ongoing early intervention programs tailored to meet the needs of persons with autism. Research findings can help society to better understand autistic behavior that needs timely intervention, so it will not lead to an investigation by the police or criminal prosecution.

Malaysia is far advanced in introducing the Muslim friendly hotel segment as an Islamic tourism product. Malaysian hoteliers refer to three standards when offering Muslim friendly hotel services, which are namely the MS 2610: 2015 Muslim Friendly Hospitality Services Requirements, Crescent Rating Standard and Salam Standard. Moreover, CrescentRating Standard and Salam Standard have become standards for assessing Muslim friendly hotels at the international level. This study evaluated these standards in terms of their adherence to the Maqasid Syariah principle. Criteria for fulfilling these standards were presented and analyzed according to the five kulliyyat found in the Maqasid Syariah, such as protection of religion, life, intelect, lineage and wealth. Findings show that these standards strongly emphasize criteria related to safeguarding religion, such as performing prayers and fasting; safeguarding lives, such as consuming halal food; safeguarding the mind, such as abstaining from consuming alcohol beverages as well as safeguarding familial lineage, such as separating individuals according to their gender in swimming pools and spas. However, safeguarding lives, from the self-security aspect, and safeguarding property were not part of the criteria that determines the standards even though both these criteria are the fundamental needs of hotel guests. The failure to include these criteria has made these standards lose their holistic nature as well as become incapable of becoming evaluating standards that are completely detached from contemporary conventional standards.

Child marriage is considered by the international community to be a violation of human rights, particularly the right to education and sexual and reproductive healthcare. Unfortunately, there are some Muslim countries in the world, including Malaysia, that has legalised this practice. Laws such as the Islamic family laws in all Malaysian states stipulate legal avenues for underage children to get married, provided they obtain permission from the Sharia court. Therefore, in order to end this harmful practice in Malaysian Muslim society, this article will discuss child marriage under Malaysian Islamic family law and propose a legal reform for Islamic family law regarding marriageable age and court procedure. This article examined international law instruments related to child marriage, Malaysian civil and Islamic laws, and reported cases to understand the legal complexities of child marriage in Malaysia. This article found that there is an urgent need for international agencies, Malaysian federal and state governments, religious authorities, and civil society movements to commence initiatives that address this issue to curb child marriage amongst Muslims in Malaysia, particularly through reforming Islamic family law in all states.

Hak asasi kanak-kanak yang ditahan di institusi tahanan hendaklah dijamin dan dipenuhi tanpa diskiriminasi. Institusi tahanan bukan sahaja berfungsi sebagai tempat menjalani perintah tetapi ia seharusnya berfungsi sebagai medium pemulihan bagi kanak- kanak yang berkonflik dengan undang-undang. Walaupun kanak- kanak tersebut telah dilucutkan hak kebebasannya atas pelanggaran undang-undang, mereka tidak seharusnya dinafikan hak-hak asasi manusia yang diperuntukkan dalam instrumen-instrumen hak asasi antarabangsa. Oleh itu, artikel ini bertujuan untuk menganalisis hak kanak-kanak dalam institusi tahanan yang dijamin dalam instrumen antarabangsa dan peruntukan undang-undang di Malaysia. Kajian ini mendapati masih wujud kelompongan peruntukan undang-undang mengenai hak kanak-kanak dalam institusi tahanan yang mungkin boleh membawa kepada pengabaian hak-hak tersebut. Kajian ini menggunakan pendekatan kualitatif dengan menganalisa dokumen berbentuk instrumen antarabangsa yang berkaitan dengan hak kanak kanak di institusi tahanan serta pemakaiannya di Malaysia. Dapatan kajian ini penting bagi memberi panduan kepada pembuat dasar dan penggubal undang-undang Malaysia bagi membuat pembaharuan undang-undang yang menjamin hak kanak-kanak di institusi tahanan.

Tanah dan ruang adalah satu perkara yang amat penting bagi perkembangan ekonomi, kesejahteraan masyarakat dan kestabilan sesebuah negara. Dengan adanya tanah, pelbagai projek mega dapat dirancang dan dilaksanakan sehingga akhirnya ia akan memberi pulangan lumayan yang dapat menjana ekonomi negara tersebut. Ia juga diperlukan untuk membina dan menaik taraf infrastruktur utama negara bagi mengekalkan daya saingnya di peringkat serantau mahupun antarabangsa. Keterbatasan tanah di sesebuah negara sangat memberi impak negatif dalam mentadbir hal ehwal negara dan mengembangkan ekonominya. Banyak perancangan gagal dilaksanakan kerana ketiadaan tanah dan ruang. Contohnya Singapura, di mana keluasan tanahnya amat terbatas sehingga pemerintah memperkenalkan dasar penjimatan tanah untuk memberi laluan kepada projek-projek yang mempunyai nilai pulangan tinggi dengan meruntuhkan bangunan-bangunan lama yang tidak memiliki nilai sejarah. Bahkan, bangunan yang memiliki nilai sejarah juga tidak terlepas daripada proses penjimatan ini. Dasar ini juga menuntut bangunan yang tidak mempunyai nilai komersial agar dikecilkan ruangnya atau disatukan dengan bangunan lain seperti rumah ibadat. Terdapat saranan untuk menyatukan rumah-rumah ibadat dalam sebuah bangunan bertingkat. Syariat Islam mengiktiraf kepentingan tanah dalam kehidupan manusia dan telah melakarkan undang-undang tanah dengan teliti dan fleksibel seperti ihya’ mawat, wakaf dan sebagainya. Kertas kerja ini bertujuan untuk melihat sejauh manakah keharusan saranan untuk menggabungkan masjid dengan rumah-rumah ibadat lain dengan mengambil kira maslahat masyarakat Islam dan negara. Penulis menggunakan metode induktif dan deduktif dalam mengumpulkan pandangan para fuqaha dan menganalisisnya. Kajian ini telah menghasilkan beberapa natijah, antaranya adalah harus meletakkan masjid dalam sebuah bangunan bertingkat dengan syarat-syarat tertentu.

Although the legal provision with regard to mualaf (new Muslim convert) registration is clearly stated in the state Islamic enactments, there is no any written law to determine the naming for mualaf. Starting from the year 1981, Malaysian religious authority published an official guideline on the naming for individuals who convert to Islam which is lately being criticised by some mualafs. This article intends to discuss the concept of naming from the Islamic perspective, issues related to naming of new Muslims and naming policy that administered at the religious institutions. Besides of that, the article also will discuss the narratives of mualaf regarding the implication of Muslim naming policy towards their personal life, identity, and family dynamic. Therefore, this research has conducted an in-depth semi structured interview with 11 mualaf and Muslim preachers who experience facing and handling issues related to identity change after conversion. The research found that although there is no any written law concerning the naming method for mualaf, however, the guideline on the naming published by the Department of Islamic Advancement of Malaysia (Jakim) has been taken as a policy in determining the naming for mualaf. Despite some mualaf agree to the practice of changing their previous names to Arab-Islam style names, however, there are several implications caused by the change since their identity record is not synchronized between all government and private agencies. The research also found that the practice of changing the name to Arab-Islam style name for mualaf has affected their ethnic identity and caused them problems with their family. This research is important to re-evaluate the current naming policy for mualaf to make it more flexible and understand the mualaf’s initial social culture in order to ensure the continuity of da’wah in Malaysia.

To ensure that the countries produce halal products in order to remain in the international market, then they must make sure that they remain competitive in the market. Therefore, this study was to measure the competitiveness of the halal industry in the Maghreb countries which consist of five countries, namely Algeria, Libya, Mauritania, Morocco and Tunisia. The methodology of this study was using halal market share in the country and revealed comparative advantage (RCA). The study found that Mauritania is the most competitive country for halal industry because of it has the highest RCA value and followed by Morocco and Tunisia. While the countries that have lower competitiveness are Algeria and Libya. Therefore, the government and industry should plays a role to improve the competitiveness of their national halal industry and to ensure they remain competitive in the international halal market.

Western scholars consider community service order as the best alternative to rehabilitate offenders. However, Muslim jurists never debated the concept of community service order as a form of punishment in the Islamic judicial system. Accordingly, this article seeks to analyze the concept of community service order in the context of Islamic law by making a comparison between the concept of community service order as debated by Western scholars with the concept of ta`zir punishment by their Muslim counterpart. This aspect is analysed as an alternative concept of punishment, the discretionary power of judges, theory, or concept of the fundamental goals of punishment and penance. The research discovers that there are many similarities between the concept of community service order with the concept of punishment in Islamic ta`zir. This research is significant as it potrays that the implementation of community service order practised today is a sentence that is consistent with Islamic law.