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Early View

Early View manuscripts are manuscripts accepted for publication. They are posted online prior to technical editing, formatting for publication and author proofing.
 

 
THE PROVISIONS OF WATER AND GARBAGE POLLUTION IN STREET, DRAINAGE AND BUILDING ACT, 1974: A VIEW IN ISLAMIC LAW
Abdul Basir Mohamad
 
Abstract: The statute relating to environmental conservation plays an important role to protect water and garbage pollution. The establishment and enforcement of the Street, Drainage and Building Act 1974 is to protect the people’s rights and interests in order to safeguard the environment from being polluted. There are a few provisions in this Act relating to water and garbage pollution and protection of water resources from any pollution. Therefore, this article will examine the provisions in relation to water and garbage pollution in the Act and then identify similar discussions in Islamic law, which deal with the protection of water and garbage pollution. A qualitative method is used to obtain data for this paper. Analysis of documents from primary and secondary sources was executed inductively, deductively and comparatively using the Act and Islamic reference sources which was then documented in a descriptive report.

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THE INFLUENCE OF TRANSFORMATIONAL LEADERSHIP CHARACTERISTICS ON SUCCESSION PLANNING PROGRAMS IN THE MALAYSIAN PUBLIC SECTOR
Rohana Ahmad
 
Abstract: Grooming successful leaders is more important now than ever for the public sector. Thus, to groom potential future leaders, the organization not only needs a succession planning program, but also commitment from the leaders. This paper analyzes the influence of leadership style characteristics on preparing future leaders through succession planning programs in Malaysia’s public sector. Four dimensions of transformational leadership styles were used which included idealized influence, inspirational motivation, individualized consideration, and intellectual stimulation. This study employed the Multifactor Leadership Questionnaire and the effective Succession Planning and Management Questionnaire which were administered to 394 public servants from Malaysia’s public sector. Data was analyzed using multiple regression analysis. The results of the multiple regression analysis demonstrated that individualized influence was the main predictor of succession planning programs. Therefore, it is crucial for leaders to continue observing and modifying their leadership style(s) and behavior to be effective leaders.
 
Keywords: Public sector, Leadership characteristic style, Succession planning.

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TRADE UNION RECOGNITION IN MALAYSIA: LEGAL ISSUES
Siti Suraya Abd Razak & Nik Ahmad Kamal Nik Mahmod
 
Abstract: In Malaysia, the Federal Constitution protects the worker’s enjoyment as to freedom of association, in particular, the right to form and join the trade union. However, due to security purposes, various restrictions have been imposed on trade union activities. The recognition process is currently showing a decline in the number of recognition awards due to the government's policy. This paper examines the legal issues and challenges confronting the trade union in the recognition process in Malaysia. This study adopted the qualitative approach to analyse the statutory procedures and cases relating to the issue. Interviews were conducted with the Department of Industrial Relations, Malaysia and the Department of Trade Union Affairs, Malaysia to obtain their opinion on the recognition process. It is suggested that the Malaysian government should abolish the employer's recognition; provide a statutory definition on the managerial, executive, confidential and security positions; establish an independent administrative trade union board and ratify the Convention Concerning Freedom of Association and Protection of the Right to Organise Convention No. 87.
 
Keywords: Trade union, Recognition process, ILO Convention No. 87, Freedom of association

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EMPLOYEES’ PRE-DISMISSAL RIGHT TO BE HEARD: THE MALAYSIAN AND THE ISLAMIC PERSPECTIVE
Junaidah binti Abd. Karim, Dr. Tay Pek San, Dr. Siti Zaharah binti Jamaluddin & Abdul Muhsin bin Ahmad
 
Abstract: It seemed to be a settled principle of law that before an employee can be dismissed from his job for misconduct, he must have a notice of the allegation against him and accorded a reasonable opportunity of being heard. However, this principle should be revisited in the light of two conflicting Federal Court’s decisions pertaining to the mandatory issue of this right especially in the private sector employment in Malaysia. The curable principle as enunciated by Dreamland Corporation (M) Sdn. Bhd. v Choong Chin Sooi & Anor [1988] 1 MLJ 111 has watered down the right of the employee to be heard as it was held in that case that the irregularity in holding a domestic enquiry is not fatal to the employer. He may justify the dismissal at the Industrial Court. Despite the existence of this principle, it should be emphasised that the right to a pre-dismissal hearing should be interpreted to be mandatory and not discretionary as there are two statutory provisions and constitutionally recognised rules of natural justice which may support this proposition. The mandatory effect of the domestic enquiry should be consistently upheld. With a view to enhance the employee’s right and to ensure harmonious employer-employee relationship, it would be the purpose of this article to comparatively examine and learn how the same right is treated and regulated under the Islamic principle of justice and its application in two Islamic countries, namely Kingdom of Saudi Arabia and the UAE. Apart from narrowing down the gap in the Islamic knowledge on the administration of justice in dismissal cases, this article may also contribute in idea on how to harmonise the current employment laws and the Sharia.
 
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AN APPRAISAL OF THE CONSTITUTIONAL AND REGULATORY MECHANISMS FOR THE APPOINTMENT OF JUDICIAL OFFICERS IN NIGERIA AND ASSOCIATED CHALLENGES
Musa Adamu Aliyu, Dr. Nor Anita Abdullah & Dr. Haslinda Mohd Anuar
 
Abstract: The institution to settle the dispute between individuals is a court of law manned by Judges. To nominate and appoint the judges are herculean tasks which involve processes to ensure only fit and proper persons occupy Judicial Offices. This paper examined the constitutional and regulatory procedures for the appointment of Judicial Officers in Nigeria. The study identified the problems associated with the processes of the appointment of the Judicial Officers in Nigeria. The work adopted the socio-legal research method by using the qualitative approach. There is a dearth of literature in Nigeria on how the procedure for the appointment of Judicial Officers operates practically and the real problems associated with the operation of the procedural laws. To achieve the research objectives, a semi-structured interview was used. Three specialists in the Nigerian legal profession were interviewed to find out the actual issues on the ground. The study discovered that lobbying has been entrenched in the process of the appointment of Judicial Officers in Nigeria. The research further found that the powers of the Chief Justice of Nigeria to appoint the majority of members of the recommendation body threatens the independence of the Judiciary.  
 
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UNITED STATES’ UNLAWFUL DRONE STRIKES AND DAMAGES CAUSED TO HUMANITY: A CASE STUDY OF PAKISTAN
Muhammad Imran, Dr. Rohaida Nordin & Dr. Mohd Munzil Muhamad
 
Abstract: This paper contributes significantly through suggestions to overcome the problem created by the disastrous US drone strikes in Pakistan. This paper evaluates incidences of the United States’ combat drone strikes in Pakistan and the damage caused to innocent people. It seeks to determine possible violations of international laws and the extent to which these strikes diminish the sovereignty of Pakistan. After the incident of 9/11, the use of combat drones in armed conflicts among states, non-state actors, disruptive groups and organisations has increased and expanded. Combat drones are controlled by operators who depend for their primary sources of information on cameras and sensors to determine their targets. Drone strikes lack identification processes causing many innocent people to be killed or injured. Drone strikes launched in non-conflict areas also increase the concerns about illegitimate interference in a state’s territorial sovereignty and violations of international laws. It covers the following questions. What are the basic principles about the use of force? What kinds of damages are caused by US drone strikes in Pakistan that violate basic human rights principles? What are the concerns of international organisations about drone strikes in Pakistan? Summarily, it covers the United States unlawful drone strikes in Pakistan and damages caused to humanity.The paper uses doctrinal qualitative analysis to situate the research within the ethical, legal and social parameters of the related statutes of international law. The research methodology adopted is evaluative, interpretive and analytical. The paper consists of 8 segments: (1) drones and the United States armed forces, (2) some basic international law principles about the use of force, (3) possible human rights violations, (4) US drone strikes diminish the sovereignty of Pakistan, (5) demands for transparency, (6) the damages caused to humanity by the drone strikes, (7) concerns of international organisations about illegitimate drone strikes causing extra judicial killings and (8) some recommendations to regulate the use of combat drones. It demonstrates that international law does not regulate the use of combat drones in armed conflict and no considerable effort has been made to bring the use of combat drones under the rule of law. Furthermore, US drone strikes in Pakistan’s territory have been done without consensus, resulting in the violation of Pakistan’s sovereignty and the killing of innocent people.
 
Keywords: Drone strikes, Human rights violations, Pakistan’s territorial sovereignty, Rule of law.
 
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IMPLEMENTATION OF NON-DISCRIMINATION IN DETERMINING AN APPROPRIATE POLICY FOR DEALING WITH INTERNATIONAL TRADE
Dr. Rr. Dijan Widijowati
 
Abstract: International trade is an activity involving the exchange of goods and services across national borders. International trade is strongly influenced by the harmonization of political, legal, social and cultural rights owned by respective countries. A number of principles have been formulated and enforced to prevent and resolve disputes arising from international trade, one of which is the principle of non- discrimination. In practice the existence of the principle of non-discrimination often cannot be implemented, because it runs contrary to the policies of each country which is to protect its own interests. Based on the background of the problem that has been described, three subject matters were identified: 1. How can the principle of non-discrimination be applied in international trade? 2. How can appropriate legal policies in dealing with the negative impact of international trade be determined? 3. How can expected disputes on international trade be resolved? The method used in this study was the normative juridical approach to literature. Studies have properties that descriptive analytical assessment phase which focuses on the assessment of secondary data. Data was collected by means of a literature study to support the object of assessment. The results of the assessment conducted revealed that the principle of non-discrimination in international trade cannot be directly applied. Although there is a variety of policies whether committed by the government or society which indirectly consider the principle of non-discrimination internationally, the principle of non-discrimination can only be applied if it can support and protect the interests of concerned parties.
 
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UUM Journal of Legal Studies
College of Law, Government and International Studies
06010 UUM Sintok, Kedah Darul Aman, Malaysia.

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