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UUM Journal of Legal Studies (UUMJLS) Vol. 11(1), Jan 2020

Siti Kholifatul Rizkiah & Fajri Matahati Muhammadin
 
Saad Abbas Kadhim Alsaadi, Rasyikah Md Khalid & Wan Siti Adibah Wan Dahalan
 
Tamara Joan Duraisingam, Kuek Tee Say & Saratha Muniandy
 
Rokiah Kadir, Safiek Mokhlis & Rojanah Kahar
 
Rohaida Nordin, Muhamad Sayuti Hassan@Yahya, Tun Faez Fikhrie Tun Asrul Saini, Nurul Elliyana Abdul Jamal & Siti Zulaikha Zulkifli
 


A CRITICAL EXAMINATION TOWARDS THE ISLAMIC DISCOURSE ON “LIMITED LIABILITY”
1Siti Kholifatul Rizkiah & 2Fajri Matahati Muhammadin
1International Centre for Education in Islamic Finance
2Department of International Law, Faculty of Law, Universitas Gadjah Mada
2Corresponding author:  fajrimuhammadin@ugm.ac.id
 

ABSTRACT

The concept of limited liability has been a very important component of the development of the global economy. However, while limited liability is currently a reality all over the world including in the Islamic nations, it is not without discourse among the Muslim jurists. The debate mainly revolves around two core issues. The first issue is the concern of some jurists that the only acknowledged legal entity in Islamic law are natural persons, and that legal persons (like limited liability corporations) are ‘fictitious’. The second issue is concerning how the owners of the limited liability companies have rights to residual profits of the company, but do not bear the liability towards the debt when insolvency occurs. Some jurists are concerned because the Shari‘ah dictates that paying debts is a very serious matter. Using a literature research method, this article will critically examine the debate between the jurists especially in the two issues mentioned earlier and determine which argument is stronger. It is found that, in the end, establishing a legal entity other than natural persons as well as barring company owners from debt liability are very hard to justify under the Shari‘ah. However, given the status-quo construct of global economics, not utilizing limited liabilities may cause devastating economic repercussions. Therefore, a new model of corporation might need to be researched and explored in order to suit the necessities of the economy as well as being consistent with the Shari‘ah.

Keywords: Limited liability, Islamic law, Shari’ah economics, Maqāṣid al-sharī’ah.

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REVISITING THE HUMAN RIGHT TO WATER IN CONTEMPORARY INTERNATIONAL LAW
1Saad Abbas Kadhim Alsaadi, 2Rasyikah Md Khalid & 3Wan Siti Adibah Wan Dahalan
1Ministry of Foreign Affairs, Iraq
2&3Faculty of Law, Universiti Kebangsaan Malaysia, Malaysia
2Corresponding author: rasyikah@ukm.edu.my
 
 
ABSTRACT

The right to water has passed through many steps until it has received a full legal adoption in the international human rights law and international water law. However, there are many parties which feel that the right to water should not stand on its own as it complicates the present legal framework for international human rights. This paper examined, based on qualitative research approach, several impediments in legislating water as a human right within the purview of relevant international human rights conventions, taking into account the United Nations (UN) Agenda 2030 for Sustainable Development Goals No. 3: Good Health and Well-being and Goal No. 6: Clean Water and Sanitation. The study indicates that human rights notions have been gaining influential rule in international water law, notably human right to water, which has been recognized by the UN General Assembly and the Human Rights Council (HRC). This study however concludes that despite efforts to deny the legal basis of the right to water as one of the soft law, this right remains as a basic human right and should be respected by all countries.

Keywords: International water law, Human rights, Sustainable development goals.

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RULE OF LAW, STATELESS INDIANS AND EMPLOYMENT RIGHTS
1Tamara Joan Duraisingam, Kuek Tee Say & Saratha Muniandy
Taylor’s Law School, Taylor’s University, Subang Jaya, Malaysia
1Corresponding author: tamarajoan.duraisingam@taylors.edu.my
 
 
ABSTRACT
 
This paper focuses on the Rule of Law and it’s reach in terms of the stateless Indian in Malaysia. The term rule of law has been a term used by politicians to secure political mileage during election campaign periods and continues to be used upon formation of a new government. Regardless of its transcendent nature and noble assurance of a government of laws and not men, there would be gaps in the usage of the term rule of law as it does not reach all levels of community. As beneficent as the concept maybe, it does not serve to assist the stateless Indian community in securing employment in the state. Hence the significance of the research is to identify the gaps in the application of Rule of Law in Malaysia towards the stateless Indian. This study is a purely conceptual one which evaluates the constitutional concept of rule of law and its limitations in providing employment rights for Stateless Indians. The predominant research question is whether the Rule of Law as understood by constitutional philosophers helps mitigate the plight of the stateless Indian. It investigates that notion that perhaps stateless Indians are not stateless after all but have been given that categorisation so as to allow for their plight to be catapulted into the international sphere where customary international law and treaty law could in ideal circumstances apply to the stateless Indian. It proposes a thesis that regardless of how closely a State like Malaysia follows and upholds the rule of law, the stateless Indian Community in Malaysia will not necessarily enjoy second generation rights that ought to be made available to all human beings. The second generation right specifically referred to in this research is the right to employment for the stateless Indian.
 
Keywords: Stateless Indian, Rule of law, Employment rights, Concept promulgated.
 
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ENFORCEMENT STATUS OF THE POISON ACT 1952 AGAINST OFFENCES RELATED TO KRATOM (MITRAGYNA SPECIOSA KORTH) MISUSE IN MALAYSIA
1Samihah Khalil@Halim, Rusniah Ahmad & Siti Alida John Abdullah
School of Government, UUM College of Law, Government and International Studies, Universiti Utara Malaysia
1Corresponding author: samihah@uum.edu.my
 
 
ABSTRACT
 
Kratom story in Malaysia is a bit intricate. Kratom (Mitragyna speciosa Korth) or local name ketum is a local plant where ‘mitragynine’ (alkaloid in kratom leaves) is listed as psychotropic substances under the Malaysian Poison Act 1952. The law stated that any activities related to possessing, selling, using, transporting, processing, importing, exporting of kratom are considered illegal and can be prosecuted.  Interestingly, kratom trees are not illegal plant and no laws in Malaysia forbid the cultivation or presence of naturally growing kratom. On the prosecution side, the current laws do little to prosecute kratom addicts for rehabilitation due to no available kratom test kits which can assist the enforcement agency to arrest and prosecute kratom addicts. Therefore, the enforcement of law on kratom has been largely applied for transporting, processing and selling. Though the Poison Act cannot stop anyone who wants to plant or grow kratom there are land laws that prohibit the plantation of kratom on land specified for agriculture purpose, adding tricky situation to the present circumstances of kratom. In pharmacology, there is research and development demand for kratom, and demands from international pharmaceutical companies for kratom had created illegal rational economic exploitation of Malaysia’s kratom by individuals, so to speak resulting in more intricacies to existing complication. This paper intends to discuss the legal status of kratom in Malaysia which we believe is facing its cross-road. The paper uses the rational approach of economic and criminology arguments to establish kratom offences in the northern states of Malaysia, thus to offer a review to the current state-of-affair.  A police statistics and data on kratom offences are then presented to discuss current status and its implication.
 
Keywords: Enforcement, Kratom (Mitragyna speciosa Korth), kratom offences, Poison Act, Malaysia.
 
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CHILD VISITATION RIGHTS IN PRACTICE
1Rokiah Kadir, 2Safiek Mokhlis & 3Rojanah Kahar
1&2Faculty of Business, Economics and Social Development, Universiti Malaysia Terengganu
3Faculty of Human Ecology, Universiti Putra Malaysia
1Corresponding author: rokiah@umt.edu.my
 
 
ABSTRACT

Child visitation can facilitate the continued involvement of both parents in their children’s lives after a divorce. This study aims to examine the issue of visitation rights and report the results of an analysis of relevant court cases involving Malaysian Muslim families. It describes the structure or type of visitation awarded to non-custodial parents as a result of their loss of child custody. Content analysis technique was applied to elaborate on the reported court cases. A cross tabulation method was also performed to describe the frequency of cases for the respective types of visitation. This study has revealed several details about visitation rights hidden in the masses of case law. These include granted visitation rights which comprise scheduled, reasonable and dual-form visitation, counting omission of access rights which occurred most frequently including cases where parties received legal representation. The study has contributed towards a greater understanding of how visitation orders are made in practice through a quantitative analysis of past court decisions.

Keywords: Access, Act 303, child custody, scheduled visitation, reasonable visitation

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ONLINE NEWS PORTALS IN MALAYSIA - A REVISIT OF THE REGULATORY REGIME GOVERNING THE MEDIA IN THE ERA OF MEDIA CONVERGENCE
1Nazli Ismail Nawang, Abdul Majid Tahir Mohamed & Aminuddin Mustaffa
Faculty of Law and International Relations, Universit Sultan Zainal Abidin (UniSZA), Malaysia
1Corresponding author: inazli@unisza.edu.my 
 
 
ABSTRACT
 
Online news portals such as Malaysiakini, Malaysia Today and many others have been instrumental in providing alternative news and information to the Malaysian public. These portals are currently treated differently from print media as they need not procure a licence or permit before publishing online content. Conversely, print media proprietors are mandated by the Printing Presses and Publications Act 1984 to hold valid printing licences and publication permits before offering their services. Further, the presence of the no censorship guarantee of the Internet appears to render online news portals and other online publications to be free from legislative control. This is undesirable as there appears to be two different sets of regulatory frameworks for traditional media and new media. Hence, this paper will trace the historical development of online news portals in Malaysia, analyse the existing regulatory regime which govern print media and new media, and examine the potential application of these laws to regulate online news portals. By adopting a qualitative approach, the study employed a combination of doctrinal and comparative analysis. A doctrinal analysis was adapted to explore the current regulatory framework in order to address the legal predicament faced by online news portals. Further, the study applied a comparative analysis method by examining current practices and experience in the United Kingdom (UK). For this reason, the study scrutinised relevant statutory provisions and other secondary sources comprising textbooks, academic journals, seminar papers, and other pertinent materials found in newspapers and/or reputable websites. In conclusion, it is submitted that the same set of laws and regulations should be applied to govern print media and online news portals here, similar to the practice adopted by the Independent Press Standards Organisation (IPSO) in the UK. 
 
Keywords: online news portals, regulatory framework, new media, traditional media
 
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HAK BERPOLITIK ORANG ASAL DI MALAYSIA: KAJIAN PERBANDINGAN DENGAN UNDANG-UNDANG ANTARABANGSA DAN AMALAN TERBAIK
(POLITICAL RIGHTS OF THE INDIGENOUS PEOPLES IN MALAYSIA: A COMPARATIVE STUDY WITH INTERNATIONAL LAWS AND BEST PRACTICES)
1Rohaida Nordin, 2Muhamad Sayuti Hassan@Yahya, 3Tun Faez Fikhrie Tun Asrul Saini, 4Nurul Elliyana Abdul Jamal & 5Siti Zulaikha Zulkifli
1,3,4,5Fakulti Undang-Undang, Universiti Kebangsaan Malaysia, Bangi, Selangor, Malaysia
2Fakulti Sains Kemanusiaan, Universiti Pendidikan Sultan Idris, Tanjung Malim, Perak, Malaysia
1Corresponding author: rohaidanordin@ukm.edu.my
 
 
ABSTRAK
 
Hak berpolitik merupakan salah satu hak asasi manusia yang diberikan kepada semua tanpa mengira kaum, umur, jantina, warna kulit ataupun agama. Orang Asal juga tidak terkecuali dari menerima hak ini. Orang Asal di Malaysia terbahagi kepada dua kategori iaitu Orang Asli di Semenanjung Malaysia dan Natif di Sabah dan Sarawak. Persoalannya, sejauhmanakah hak berpolitik ini dinikmati oleh Orang Asal di Malaysia terutamanya dari sudut representasi, mengundi dan pentadbiran? Adakah hak yang diberikan kepada Orang Asal di Malaysia selari dengan peruntukkan undang-undang antarabangsa yang sedia ada? Dengan menggunakan kaedah kajian doktrinal dan perbandingan diantara Malaysia dengan Finland dan Norway, kajian ini mendapati bahawa penyertaan politik Orang Asli adalah lebih rendah berbanding dengan penyertaan politik dikalangan Natif di Sabah dan Sarawak. Secara keseluruhannya, hak berpolitik Orang Asal di Malaysia adalah tidak selari dengan hak berpolitik sepertimana yang diiktiraf oleh undang-undang antarabangsa, mahupun sepertimana di Finland dan Norway. Dapatan kajian ini amat signifikan kerana memberi panduan kepada pembuat dasar dan undang-undang Malaysia dalam mengenalpasti sebarang perubahan yang perlu dilaksanakan bagi menjamin hak berpolitik Orang Asal di Malaysia.
 
Katakunci: Hak berpolitik, Orang Asal, Orang Asli, UNDRIP, Malaysia
 

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ABSTRACT
 
Political rights are one of the basic human rights granted to all regardless of race, age, gender, skin color or religion. Indigenous Peoples are also entitled for this right. Indigenous Peoples in Malaysia are divided into two categories namely Orang Asli in Peninsular Malaysia and Natives in Sabah and Sarawak. The question is, how much is this political right enjoyed by Indigenous Peoples in Malaysia especially in terms of representation, voting and administration? Is the right granted to Indigenous Peoples in Malaysia is compatible to the existing provisions of international law? Using doctrinal and comparative research methods between Malaysia and Finland and Norway, this study found that Orang Asli’s political participation was lower compared to political participation among the Natives in Sabah and Sarawak. As a whole, the political rights of Indigenous Peoples in Malaysia are incompatible with the political rights as recognized by international law, as well as in Finland and Norway. The findings of this study are significant as a guide for Malaysian policy and law makers in identifying any changes that need to be made to safeguard Indigenous Peoples’ political rights in Malaysia.
 
Keywords: Political rights, Indigenous Peoples, Orang Asli, UNDRIP, Malaysia
 

UUM Journal of Legal Studies
College of Law, Government and International Studies
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