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UUM Journal of Legal Studies (UUMJLS) Vol. 10(1), January 2019

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

KONSEP KEPERLUAN KEIZINAN DARIPADA WALI DALAM PERNIKAHAN WANITA BERSTATUS ANAK DARA MENURUT FIQH MUNAKAHAT
Mohammad Azam Hussain
 
Abstract: Muslim jurists has different opinions on the requirement of the consent of wali in a marriage solemnization. The question arises, whether the consent of the wali is required in marriage? Or a woman has the right to marry herself? This article discusses the concept of wali from the fiqh perspective involving the definition, Syariah ruling, conditions and other matters related to wali. Based on clasical fiqh literature, the method of content analysis and comparative analysis are used to to find out to what extent the divergence of opinion among Muslim jurists in this regard. The findings shown that majority of Muslim jurists opine that, consent from wali is the requirement for the valid marriage solemnization in the case of woman with the status of unmarried. However in the case of women with the status of widow, consent from her is required.
 
Keywords: Wali, Wali Mujbir, Fiqh Munakahat, Unmarried, Widow.
 
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AN EXAMINATION OF THE ROLE OF COURTS IN ENSURING COMPLIANCE WITH THE CONSTITUTIONAL REQUIREMENTS FOR IMPEACHMENT IN NIGERIA
Abdulahi Sani, Che Thalbi Bnt Md. Ismail & Aspalela A. Rahman
 
Abstract: 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.

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KEPELBAGAIAN DEFINISI DAN PENGGUNAAN SENJATA MENURUT PERSPEKTIF UNDANG-UNDANG DI MALAYSIA
Nor Anita Abdullah
 
Abstract: Pistols, guns, firearms, knife, grenades, missiles, riffles are among the most acknowledged physical weapon people may be familiar with.  However, advances in science and technology and the remarkable growth in human development have led to an enormously improved understanding among expertise to produce more effective modern weapon in the future. Nowadays, physical weapons are no longer being exploited to inflict destruction and damage. The use of chemical, biological, radiological and nuclear explosion (CBRNE) is intended to create the maximum fear, death and destruction to the public and society. At the same time, people perception on weapons also is about to change if they have been given a knowledge of the variety of weapons and the use. Therefore, this article intends to define weapons in conventional and non-conventional by the means of its use by referring to the relevant and existing statutes in Malaysia. Author also attempts to discuss on the various type of weapons by looking into the variety of use of each types.
 
Keywords: Conventional weapons, non-conventional weapons, weapon of mass destruction
 
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SHAREHOLDER PARTICIPATION IN ANNUAL GENERAL MEETINGS UNDER NIGERIAN CORPORATE LAW: PHILOSOPHY, PRACTICE AND THE ROLE OF SHAREHOLDER ASSOCIATIONS
Shamsuddeen Magaji, Nurli Yaacob & Zuryati Mohamed Yusoff
 
Abstract: Shareholders and board of directors in an annual general meeting (AGM) are the two organs of a company. Shareholders are legally empowered to participate in the AGM to meet directors and know about the performance of the company. Despite various philosophies (theories) and legal provisions on shareholder participation in AGMs, shareholders are still facing some challenges. Moreover, available literature in this area is limited in Nigeria. Therefore, this study seeks to examine various philosophies (theories), the law, cases and opinions of experts on shareholder participation, practices and the role of shareholder associations in protecting the rights of shareholders. The study adopted two methods of data collection. The first method was doctrinal legal research (library based) which mainly concerned statutory provisions under the Companies and Allied Matters Act 1990 (CAMA) and decisions of the court. The second method of data collection consisted of qualitative interviews with seventeen respondents regarding the theories, practices and role of shareholder associations in protecting the rights of shareholder participation in AGMs. The findings showed that shareholder participation can be supported by various theories including corporate personality theory; agency theory; contract theory; shareholder primacy; and corporate governance. The finding equally indicated that shareholders in Nigeria received notices of AGMs late, due to postal inefficiency and lack of recognition of ICT under the CAMA. Similarly, both regulators and shareholder associations have not done enough to protect shareholders and to improve their participation in AGMs. In view of this, there is a need for proactive measures to improve the participation of shareholders in AGMs. This is by amending the CAMA to incorporate provisions that will facilitate the effective service of notices of AGMs. Similarly, shareholder associations and regulators must take the responsibility of enlightening shareholders on their right of participation as well as how to enforce their rights in AGMs.
Keywords: Shareholders, Annual general meeting, Shareholder associations

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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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