Papers by Sharifah Zubaidah Syed Abdul Kader
Environment-Behaviour Proceedings Journal
In Malaysia, land fraud continues to be a risk to landowners. Unfortunately, current legal redres... more In Malaysia, land fraud continues to be a risk to landowners. Unfortunately, current legal redresses are insufficient to protect the interests of the land fraud victims. This research explores the need to introduce a compensation scheme as part of the Torrens system in Malaysia to provide statutory monetary compensation to land fraud victims. This paper employs library-based doctrinal study and comparative legal analysis. This research resolves that a compensation scheme should be established as one of the risk mitigations measures in facing land fraud.
Ministry of Finance Malaysia, 2018
Kanun: Jurnal Undang-undang Malaysia, 2016
Makalah ini membincangkan kerangka undang-undang mengenai pengurusan wakaf di Malaysia melalui ka... more Makalah ini membincangkan kerangka undang-undang mengenai pengurusan wakaf di Malaysia melalui kaedah penyelidikan undang-undang secara analisis doktrin. Walaupun undang-undang wakaf terkandung dalam Enakmen Pentadbiran Agama Islam Negeri, peruntukan ini tidak bersifat menyeluruh. Negeri Johor, Selangor, Negeri Sembilan, Melaka dan Perak telah memperkenalkan kaedah pengurusan atau enakmen wakaf yang lebih terperinci. Makalah ini meneliti perkara yang tidak seragam dalam peruntukan undang-undang wakaf negeri dan membincangkan beberapa mekanisme penyeragaman undang-undang yang terkandung dalam Perlembagaan Persekutuan. Usaha telah dijalankan oleh Jabatan Kemajuan Islam Malaysia (JAKIM) dan Jabatan Wakaf, Zakat dan Haji (JAWHAR) untuk mewujudkan rang undang-undang wakaf pada peringkat persekutuan supaya menjadi undang-undang contoh bagi enakmen wakaf pada peringkat negeri. Cadangan penubuhan Suruhanjaya Penyeragaman Hukum Syarak merupakan satu alternatif untuk meneruskan usaha ke arah penyeragaman undang-undang pengurusan wakaf di Malaysia.
Due to the significant nature of private housing project to public at large, housing developments... more Due to the significant nature of private housing project to public at large, housing developments in Malaysia is governed by stringent laws and regulations with the main purpose of protecting the interests of buyers. Despite the existence of these legal instruments, complaints on housing-related problems remain one of major consumers' complaints in Malaysia for the past many years. This includes complaints relating to abandoned project, late delivery of vacant possession, low quality material and workmanship, lack of basic amenities etc. In addition to the system of 'sell then build' that is commonly blamed for causing those problems, the question also arises as to whether the laws have been effectively implemented and enforced. The study aims to assess the existing enforcement mechanisms in housing industry which may be derived from private, public, administrative and self-regulations initiatives. The focus is to identify the adequacy and weaknesses of each mechanism in...
Five (5) states in Malaysia have introduced their own waqf laws. The other five (5) states are wo... more Five (5) states in Malaysia have introduced their own waqf laws. The other five (5) states are working on new laws and the remaining states maintain waqf matters in the general statutes on administration of Islamic law. The new developments which took place in the 5 states are expected and most awaited after voluminous researches reveal that the legal framework has contributed to the slow development of waqf in Malaysia. Using the doctrinal approach and comparative analysis method, this study reviews the latest developments in the waqf enactments of Selangor, Perak and Terengganu and discusses how the changes in the laws have helped to improve the slow and restricted jurisdiction (legal framework?) dealing with waqf. The findings show that the new Enactments have addressed most of the observations from the previous literatures especially with regards to challenges in waqf development. Observations also relate to the fast development of waqf which moves in tandem with various other a...
Journal of Legal, Ethical and Regulatory Issues, 2018
The foundation and educational systems in Turkey experienced major reforms after the establishmen... more The foundation and educational systems in Turkey experienced major reforms after the establishment of the Turkish Republic. The Civil Code and Foundation Law which governed both systems were unified under the Foundation Law 2008 for the betterment of both systems. Under this new unified law, a foundation can form a university, provided certain procedural requirements are satisfied. Hence, the main objective of this article is to examine the procedural requirements to establish a Foundation University. By applying the doctrinal approach, this study reviews several past studies and related several laws. Semi-structured interviews were conducted with several Turkish respondents in order to clearly examine the topic studied. Content analysis is used to analyze the data obtained. Finally, this study aims to promote a robust international benchmark for waqf (foundation) to be practiced in universities, including in Malaysia.
This paper examines the evolution and development of the trust, foundation and waqf concepts from... more This paper examines the evolution and development of the trust, foundation and waqf concepts from the legal historical perspective and looks at how these concepts are being used in present times.
Intellectual Discourse, 2005
This book can be used in other law schools offering the Bachelor of Laws programme such as UM, Ui... more This book can be used in other law schools offering the Bachelor of Laws programme such as UM, UiTM, UKM, UNiSZa, UUM, USIM, MMU and Taylors University. All law students who are reading law in Malaysia will have to undertake the core subject of Equity and Trust. It is also useful as a source of reference to law schools outside Malaysia and other members with legal background in all sectors, locally or at the international front, as it offers a use preliminary insight on how equitable remedies and relief work in Malaysia.
The paper discusses the relief of specific performance (SP) and deals with types and nature of co... more The paper discusses the relief of specific performance (SP) and deals with types and nature of contract that may be ordered by the court to be specifically performed and those that cannot be specifically performed. Specifically, the paper analyses the circumstances in which the courts decide to grant SP and not to grant SP for land contract. Under the law, the remedy of SP is discretionary and scuh discretion to be exercised according to well established principles. It is found out that the right to sue for SP in equity is quite distict from the cause of action at common law. SP is granted when there are circumstances justifying it. The grant of SP is always subject to conditions.SP is said to be the best remedy for breach of immovable contract.
Cash awkaf (plural of waqf ) have been a well-recognised tool for social development of Muslims i... more Cash awkaf (plural of waqf ) have been a well-recognised tool for social development of Muslims in various countries wherever they are being practiced. It is governed by set of Islamic principles pertaining to awqaf converted by some countries into legislation. In those countries, they have proven to be one of the tools for social welfare and alleviation and ultimate eradication of poverty, based on the will of the waqeefs. In order to serve the purpose of their creation, it is better if the waqf money is allowed to be invested in the interest of the beneficiaries and growth of the awqaf. There are a number of legal issues pertaining to administration of cash waqf, which are yet to be addressed. The existing literatures on cash waqf also do not have definite answers to them. In Nigeria, cash waqf is not well in practice. Because of this reason, there is lack of a legal framework on it. The paper reviewed the existing literatures on cash waqf, but they are not dealing with it in the ...
IIUM Law Journal, 1970
Seaports represent economic development and act as focal points in the global strategic environme... more Seaports represent economic development and act as focal points in the global strategic environment. The economic contribution through seaports of Malaysia relies heavily on safe passage of merchant ships through the Straits of Malacca and at Malaysian ports. The economic advantages to the Malaysian government due to the presence of the surrounding sea are enormous. However, these economic advantages through the ports are not without their own challenges as ships that call to unload are vulnerable to shipment of dangerous cargo and weapons. The question is whether the government should enhance the monitoring of foreign ships that unload at Malaysian ports bringing enormous economic gains to Malaysia? This paper recommends that economic gain should not be given priority over port security as the former may not be capable of remedying the havoc that could result through negligence in the latter.ABSTRAKPelabuhan melambangkan pembangunan ekonomi dan bertindak sebagai titik tumpu dalam p...
IIUM Law Journal, 2017
This article explores the possibility of implementing the concept of waqf within the financial ma... more This article explores the possibility of implementing the concept of waqf within the financial management of a strata scheme for the purpose of covering the costs to maintain and manage common properties. High prices of land and the lack of strategic locations for housing has influenced developers to opt for stratified development. The challenge, most of the time, pertains to the maintenance of common areas, which requires substantial funds and professionalism, as well as skills in developing social and human relationships, despite the continual increase in the costs of management. Using doctrinal analysis of primary and secondary data, as well as comparative analysis with strata regulations in Australia, the study concludes that cash waqf can play a role as a potential vehicle to raise funds to maintain and manage common properties in strata schemes. The concept of waqf, where a certain category of properties is released from the ownership of man permanently while its benefits are ...
SSRN Electronic Journal, 2015
The Constitution of Zanzibar 1984, the Land Tenure Act 1992 and the Land Acquisition Decree 1909 ... more The Constitution of Zanzibar 1984, the Land Tenure Act 1992 and the Land Acquisition Decree 1909 introduces conflicting concepts of ‘acquisition’ and ‘termination’. As there is a law on acquisition and another for termination, the land acquisition officers are faced with difficulties in selecting the right approach, not to mention that the law on termination does not have provisions in guiding the termination process e.g. notice and inquiry. The land acquisition institutions also seems not to be taking orders from a single authority, rather than the whole government and the local government having command in acquiring land rights and interests. The practicalities of the land acquisition which are enlighten in this paper, have identified the use of force in acquiring private lands for private investment. Other issues include discrepancies in paying compensation, deficiencies in the inquiry and notice and lack of court’s approval prior to acquiring private land rights. The authors use different approaches to reveal significant issues in the land acquisition process in Zanzibar. These methods include an analysis of case laws and legislative instruments. The interviews conducted with the land officers and deprived land holders early 2015 are also referred. This paper concludes with recommendations for the Zanzibar Government to consider, such as amendment of laws and backing up the land acquisition process with principles of transparency, accountability and public participation.
SSRN Electronic Journal, 2011
pertanika.upm.edu.my
The primary duties of Islamic banks and financial institutions in Malaysia are to carry out Islam... more The primary duties of Islamic banks and financial institutions in Malaysia are to carry out Islamic banking and financial activities and to offer products that are in accordance with the Islamic teachings. These products are subject to the scrutiny and approval of Bank Negara's Shariah Advisory Council (SAC) and the internal Shariah Advisory Bodies (SAB) or the Shariah Committees of the respective financial institutions. Despite having been in existence for more than 25 years, in the authors' view, it is still questionable whether or not the Islamic banks and financial institutions in Malaysia have been satisfactorily carrying out these duties. One area worth examining is the transaction involving house buying, particularly the one that falls under the purview of the Housing Development (Control and Licensing) Act 1966 (Act 118) and transactions involving houses pending completion. This paper examines this area of transaction and the loan agreement, affected via Bay' Bithaman al-Ajil (BBA), provided by Islamic banking and financial institutions in Malaysia. The purpose is to see to what extent the sale and purchase agreement and the loan agreement have complied with the requirements of the Islamic Law in protecting stakeholders and to provide practical suggestions to improve the existing practice. The paper concludes that the current practice of the BBA contradicts with the teachings of Islam and should therefore be modified and revamped until it is fully able to protect the interests of the purchasers/borrowers.
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Papers by Sharifah Zubaidah Syed Abdul Kader