International Journal of Law, Government and Communication
Waqf has a long history of improving a country's and civilisation's economic cycles. Howe... more Waqf has a long history of improving a country's and civilisation's economic cycles. However, there is a lack of development and commercialisation of waqf property in Malaysia, with 11,091.82 hectares of land remaining undeveloped (92.8 per cent). The law must be improved, and waqf functionaries must be empowered to develop and market waqf. Waqf was established under Muslim rule. Hence the National Land Code of 1960 (NLC) does not recognise it as a trust. As a result, when the Land Administrator registers the Waqf Land in the Title, the registration will merely include the name of the State Islamic Religious Council without endorsement as sole trustee, and the record indicating the property is a waqf property will stay with the Registrar of Waqf. Many Muslims are concerned that the State Islamic Religious Council may abuse its power or mismanage the situation due to this situation. This will impact the expansion of Islamic finance and the well-being of society. This article ...
2020 Seventh International Conference on Information Technology Trends (ITT)
The use of augmented reality (AR) in education is relatively new particularly for legal studies. ... more The use of augmented reality (AR) in education is relatively new particularly for legal studies. Yet, its use and application may benefit students of law schools not only in helping them to be more interactive in the learning process, but also engaging them in a more experiential education whereby students’ learning motivation can be improved. Scarcity of past research and literature on the application of AR in legal studies has led to this study to be carried out primarily to bridge the gaps in the existing literature. Based on the above premises, this article focuses on exploring the impacts of AR in the context of legal studies from the perspective of the students. By employing a pure qualitative methodology, this article engaged with a case study method, whereby one of the law schools of a higher learning institution in Malaysia has been chosen. Survey data from the Google Form was exported for the purpose of analysis in the computer-aided qualitative analysis software (CAQDAS) ATLAS.ti version 8.4. In order to make data ready for analysis, codes were built using a purely inductive approach. It was found that the application of AR has had a significant impact on students of law school particularly within the domains of active learning, unique learning and helpfulness for their studies. The implication for the study is better understanding of the impacts of AR in legal studies among law students. Hopefully, the paper would shed light into the body of literature of technological studies, AR and virtual reality, particularly within the context of higher education.
Journal of Information System and Technology Management
Sustainability encompasses more than green and environmental protection. That is why the United N... more Sustainability encompasses more than green and environmental protection. That is why the United Nations' sustainable development goals (SDGs) comprise 17 targets aimed at achieving global sustainability through shared prosperity and peace for people and the planet, both at present and in the future. SDG-9, which focuses on resilient infrastructure, sustainable industrialisation, and innovation, calls for investment in information technology (IT) to support sustainable development and community empowerment. Regardless of the amount to which IT can assist in accomplishing goals, it requires adequate control. Otherwise, it will exacerbate threats to the environment and society, as well as to the corporate organisation. IT governance is primarily motivated by the need for an organisation's risks to be transparent and its stakeholder values to be protected. By contrast, sustainable risk management (SRM) is a systematic strategy to managing an organisation's environmental, soc...
The information and communication technology (ICT) is altering the manner in which people are doi... more The information and communication technology (ICT) is altering the manner in which people are doing their business, including the courts. However, being a double-edged sword, the adoption of ICT in the courts brings with it not merely the advantages but also the risks. While at one end ICT maintains the practice of open justice, at the other end ICT poses threats to the individual's right to privacy. The extant global literature on ICT adoption hardly examines the conflicting rights of the public to open justice and the rights of the individual to privacy and similarly, such issues are under-researched in Malaysia. As such, this paper intends to fill in this lacuna and seeks to examine the balancing of the right to open justice and the individual's right to privacy when ICT is utilized at the courts. This paper adopts a doctrinal legal analysis from secondary data and primary source, which are the legislations in Malaysia and the United Kingdom. The secondary sources include international instruments, case law, books, journal articles, and the practice directions of the Courts. The authors contend that both the incompatible public's right to open justice and the individual's right to privacy should be balanced through the use of not only the relevant legislation but also via technology and organizational norms in the form of proper security measures, code of conduct and risk management system.
2021 Innovations in Power and Advanced Computing Technologies (i-PACT), 2021
In the last decade, virtual attacks in the form of cyber espionage has become more and more rampa... more In the last decade, virtual attacks in the form of cyber espionage has become more and more rampant. The commission of such crime is through state and non-state backed actors against government websites, public and private networks, individuals and also economic giants. Cyber espionage is seen as a developing crime due to the unlimited connectivity of these cybercriminals to cyberspace which translates it as a visible threat to national security. The risk of cyber espionage is more prevalent and viable as the cyberspace environment facilitates anonymity. The predominant theories adopted to understand cyber espionage is the Risk Society Theory (RST) and the Cyber-Securitisation Theory (CST). However, on their own, these two theories are deficient in that RST relies on the risks and insecurities that come with modernisation, and CST only focuses on the transformation of a domain into a matter of national security. Given these problems, this paper aims at examining each model and expanding and integrating the RST and CST, which would mitigate the understanding of cyber espionage and modalities to prevent such crime. This paper employs a qualitative methodology, with primary data derived from semi-structured interviews with appropriate respondents. The data is triangulated using specialists from two different ministries. Secondary data sources include applicable cyber law, the Penal Code, books, academic publications, online databases, and library-based sources. The findings suggest that focusing on securitisation alone will not be effective in governing such crime, instead, understanding the risks and how to manage and mitigate such risks would be more effective. The integration of both theories would be significant to stakeholders especially government entities that focused on cybersecurity and also endorses the concept of individual responsibility for corporate entities and computer users in protecting themselves against such crime.
The audio/video conference systems (AVS) enable parties from distinct locations to „meet‟ synchro... more The audio/video conference systems (AVS) enable parties from distinct locations to „meet‟ synchronously in achieving certain objectives. Medical practitioners, accounting firms, businessmen, to name a few, have long resorted to AVS in their everyday routines. Recently, the courts in many parts of the world, including the Malaysian courts, have started to engage in AVS in solving any disputes. Despite this development, local literature is still scarce on this subject matter, and the adoption of AVS is rather recent in the Malaysian context. Hence, this paper seeks to highlight the implications of such technologies, particularly in enhancing the administration of justice at the Malaysian Courts. The study adopts a qualitative method, engaging in two multiple-embedded case studies involving a High Court in West Malaysia and a High Court in East Malaysia using the instrument of semi-structured interviews. The data generated from the case studies were analysed using the computer-aided qu...
Drawn from a doctoral research, the first part of this paper aims at discussing the concept of IC... more Drawn from a doctoral research, the first part of this paper aims at discussing the concept of ICT adoption in the judicial system by discussing the different applications of ICT in the courts of Malaysia and other selected jurisdictions such as the United States of America, Spain, Italy, Singapore and Australia. Apart from the concept, the benefits and advantages that could be derived from these technologies would also be reviewed. Being a double-edged sword, at one end the adoption of ICT provides considerable potentials to improve the delivery of justice. However, at the other end it raises numerous practical and administrative hurdles, as well as the issue of the acquisition of skills and readiness of the court officials, legal practitioners and litigants in embracing the technologies.
The landlord-tenant relationship in Malaysia is mostly governed by the tenancy agreement, which s... more The landlord-tenant relationship in Malaysia is mostly governed by the tenancy agreement, which spells out the rights and obligations of both parties. Despite having the legal agreements, it has been reported that many issues arise, such as trespass committed by landlords to the tenanted property and recovering losses from the tenants who disappeared. As of today, the country has yet to enact specific legislation to deal with issues arising between landlords and tenants. Hence, in the event of any dispute, the tendency for Malaysian landlords is not to go through the legal system to settle them as it is a costly and time-consuming process. Some tenants who are aware of this legal inefficiency choose to exploit it for their benefit at the landlord’s expense. Hence, the main issues in this paper will be the possible ways in of trespass could be committed by landlords into the tenanted property, and their rights are not very well-protected, and quite often, the safety deposits collecte...
While the world could see the significance of the e-learning system in providing access to the ed... more While the world could see the significance of the e-learning system in providing access to the education system due to its simplicity, convenience and low cost, the situation at the end of the bargain is the impact of the e-learning system on the e-learners themselves.The scenario is further complicated by the fact that the e learners could come from various academic backgrounds, different from the current e-learning courses they are taking. It is within this context that this paper aims to critically examine the challenges in accepting the e-learning system within the context of e-learners who possess academic backgrounds different that the e-learning course they are taking up.In addition, this research aims to propose recommendations for the betterment of the e-learning system, particularly by taking into consideration the viewpoints of the respondents, who are the educators,. the system developer and the e-learners themselves.The research adopts a qualitative method, comprising o...
The aim of this paper is to examine the perceived risks of the adoption of information and commun... more The aim of this paper is to examine the perceived risks of the adoption of information and communication technologies (ICT) in the justice system of the High Courts of Malaysia. The research adopts a qualitative method, comprising of the collection of secondary data, which involves librarybased research over relevant laws and regulations, textbooks, journal articles, practice directions and reports. The secondary data is triangulated with the primary data generated from a case study comprising of four High Courts of West and East Malaysia. A total of sixteen respondents were interviewed to explore and understand their perception of the risks and their attitudes towards such risks in the adoption of ICT at the respective courts. The primary data, which had been generated, was analysed by using the computer aided qualitative data analysis software ATLAS.ti version 7 prior to reporting of the same. The findings indicate that several perceived risks exist when ICT is used in court. Such...
The Islamic banking and finance industry has gained popularity all over the world.Within this con... more The Islamic banking and finance industry has gained popularity all over the world.Within this context, the development of the industry could very well owe to the constitutional legal framework governing the specified jurisdiction. Such framework includes the ruling authority, the governmental functionaries, the Shariah supervisory bodies, the fatwa issuing bodies as well as the judiciary.This paper aims to highlight the background of the recent Islamic Financial Services Act 2013.The analysis is tackled along the lines of the background and the constitutional frameworks of the country, the initiatives introduced by the government for the development of Shariah compliance within the Islamic banking and finance fraternity, as well as the relevant organs in carrying out the audit exercises over the Islamic banks and financial institutions in Malaysia.The paper attempts to elucidate the experience of bankers and Shariah practitioners in implementing the Islamic Financial Services Act 20...
Journal of Legal, Ethical and Regulatory Issues, 2019
Technology is increasingly adopted in various aspects of life including for the management of jud... more Technology is increasingly adopted in various aspects of life including for the management of judicial matters at the courts. This study seeks to examine the organizational implications of technology adoption at the Malaysian civil courts. Engaging in qualitative research approach involving four case studies in Malaysia, the research found numerous organizational implications of technology adopted at the courts. Firstly, such adoption gives rise to improved organizational structure at the courts. Secondly, the productivity and efficiency of the court routines increased following the constant and increasing use of such technology. Thirdly, the technologies also lead to transparent court processes and proceedings. Fourthly, it was found that the re-skilling of human resources and training are also promoted with the use of such technologies. Intended as a catalyst for future research, the paper concludes by recommending that future direction should focus on empirical data to further co...
Journal of Legal, Ethical and Regulatory Issues, 2019
Diminishing partnership or Musharakah Mutanaqisah (MM) is one of the underlying contracts adopted... more Diminishing partnership or Musharakah Mutanaqisah (MM) is one of the underlying contracts adopted by Islamic financial institutions particularly for its property financing instruments. However, the implementation of MM in Malaysia has been surrounded with numerous legal challenges. Engaging in socio-legal approach, this study embarked upon the main objective of identifying the legal challenges surrounding the implementation of MM in Malaysia. Investigation was conducted involving three units of analysis: an Islamic bank, a legal firm, and an educational institution. Relevant parties were identified to be interviewed: a Shariah committee of the Islamic bank, a solicitor attending to the MM legal documentation and an academician teaching Islamic finance courses at the educational institution. The instrument employed was semi-structured interviews particularly to investigate the legal challenges of MM as an alternative for property financing in Malaysia. The findings revealed that ther...
The Islamic banking and finance industry in Malaysia is developing progressively, primarily due t... more The Islamic banking and finance industry in Malaysia is developing progressively, primarily due to the concerted effort from the regulators and the industry players alike. The Islamic funds are increasing over the years and more innovative products are introduced for the benefit of the consumers. In some situations, disputes arise relating to the Islamic finance matters, and they end up for the adjudication of the courts system. However, there have been debates as to the challenges affecting the adjudication of such cases in the Malaysian courts. Engaging in library-based research, this paper outlines the various challenges affecting the adjudication of Islamic finance cases in the Malaysian courts, involving both legal and operational aspects of the implementation of Islamic finance business in the nation. The challenges include the legal infrastructure puts Islamic finance cases within the jurisdiction of the conventional legal framework, Islam is separated from the administration...
International Journal of Academic Research in Business and Social Sciences, 2021
Traditionally, terrorism and violent extremism (VE) are synonymous with male perpetrators, althou... more Traditionally, terrorism and violent extremism (VE) are synonymous with male perpetrators, although women are inevitably and adversely affected by such illegalities. Women are increasingly involved as active supporters not only by fundraising terrorist activities but also as lone wolf suicide bombers. Despite the awareness of women's participation, and the detrimental impact of such crimes on women, the lack of understanding of the causes of Malaysian women's radicalisation and their political agency has remained under-researched. The understanding of such rationales and agency is crucial to enable the government to adopt the appropriate PVE/CVE approach. Given the lack of academic research on this issue, this paper aims at examining the understanding of VE, the role and the causal factors of women's radicalisation and their implications on the visibility of women's agency and gender equality in Malaysia. This research employs qualitative methodology, in which the primary data was collected through semi-structured interviews with fifteen respondents. The data triangulation was obtained from focus group discussions with experts from relevant ministries and universities. The data is analysed and interpreted using Atlas.Ti software. The findings revealed that the drivers toward women's radicalisation are varied, and the lack of visibility of women's political agency in the analyses of Malaysian women's participation in VE is unfortunate. Such a situation calls into question not only the future role of women as active actors in PVE/CVE but also the promotion of gender equality as envisaged by the UN Security Council Resolutions 2178 and 2242 and SDG No 5 and 16.
Generally, Rent to Own (RTO) is a financial scheme offered by financial institutions to help thos... more Generally, Rent to Own (RTO) is a financial scheme offered by financial institutions to help those who cannot afford the 10% initial deposit and access to financial schemes. One value-based intermediation (VBI) initiative is the RTO Islamic financing product. The market segment of this product is for the new generation whereby they can own a house without paying any deposit on account of the fact that housing estates are increasingly expensive. This paper starts with the background concept of VBI, then it discusses on the modus operandi of RTO offered by financial institutions. This paper also discusses legal and Shariah aspects related to RTO. Adopting a qualitative method, the data were collected through semi-structured interviews with relevant parties involved with the RTO product. In addition, some preliminary information had been accessed through the financial institution’s website. This paper found that RTO has played important roles as one viable VBI initiative and it is appr...
International Journal of Law, Government and Communication, 2021
Hacking or unauthorised access is criminalised in many jurisdictions, including Malaysia, Singapo... more Hacking or unauthorised access is criminalised in many jurisdictions, including Malaysia, Singapore, the United Kingdom, Hong Kong, and a few other countries. Hacking is the act of gaining access through the computer system or network without proper authority or exceeding the original authority given to him. Many commentators and researchers have reported on the conceptual and legal aspects of hacking. However, hacking's theoretical, conceptual, and legal aspects have remained under-researched. Therefore, this paper's primary objective is to outline the various theories, which could inform the criminalisation of hacking. The theories of routine activities, deterrence theory, social learning and self-control, general strain theory, and deviant subcultures are deliberated in this paper alongside illustrations within the context of hacking. This paper will shed light on the body of literature and contribute to a better understanding of hacking criminalisation from various theor...
International Journal of Law, Government and Communication
Waqf has a long history of improving a country's and civilisation's economic cycles. Howe... more Waqf has a long history of improving a country's and civilisation's economic cycles. However, there is a lack of development and commercialisation of waqf property in Malaysia, with 11,091.82 hectares of land remaining undeveloped (92.8 per cent). The law must be improved, and waqf functionaries must be empowered to develop and market waqf. Waqf was established under Muslim rule. Hence the National Land Code of 1960 (NLC) does not recognise it as a trust. As a result, when the Land Administrator registers the Waqf Land in the Title, the registration will merely include the name of the State Islamic Religious Council without endorsement as sole trustee, and the record indicating the property is a waqf property will stay with the Registrar of Waqf. Many Muslims are concerned that the State Islamic Religious Council may abuse its power or mismanage the situation due to this situation. This will impact the expansion of Islamic finance and the well-being of society. This article ...
2020 Seventh International Conference on Information Technology Trends (ITT)
The use of augmented reality (AR) in education is relatively new particularly for legal studies. ... more The use of augmented reality (AR) in education is relatively new particularly for legal studies. Yet, its use and application may benefit students of law schools not only in helping them to be more interactive in the learning process, but also engaging them in a more experiential education whereby students’ learning motivation can be improved. Scarcity of past research and literature on the application of AR in legal studies has led to this study to be carried out primarily to bridge the gaps in the existing literature. Based on the above premises, this article focuses on exploring the impacts of AR in the context of legal studies from the perspective of the students. By employing a pure qualitative methodology, this article engaged with a case study method, whereby one of the law schools of a higher learning institution in Malaysia has been chosen. Survey data from the Google Form was exported for the purpose of analysis in the computer-aided qualitative analysis software (CAQDAS) ATLAS.ti version 8.4. In order to make data ready for analysis, codes were built using a purely inductive approach. It was found that the application of AR has had a significant impact on students of law school particularly within the domains of active learning, unique learning and helpfulness for their studies. The implication for the study is better understanding of the impacts of AR in legal studies among law students. Hopefully, the paper would shed light into the body of literature of technological studies, AR and virtual reality, particularly within the context of higher education.
Journal of Information System and Technology Management
Sustainability encompasses more than green and environmental protection. That is why the United N... more Sustainability encompasses more than green and environmental protection. That is why the United Nations' sustainable development goals (SDGs) comprise 17 targets aimed at achieving global sustainability through shared prosperity and peace for people and the planet, both at present and in the future. SDG-9, which focuses on resilient infrastructure, sustainable industrialisation, and innovation, calls for investment in information technology (IT) to support sustainable development and community empowerment. Regardless of the amount to which IT can assist in accomplishing goals, it requires adequate control. Otherwise, it will exacerbate threats to the environment and society, as well as to the corporate organisation. IT governance is primarily motivated by the need for an organisation's risks to be transparent and its stakeholder values to be protected. By contrast, sustainable risk management (SRM) is a systematic strategy to managing an organisation's environmental, soc...
The information and communication technology (ICT) is altering the manner in which people are doi... more The information and communication technology (ICT) is altering the manner in which people are doing their business, including the courts. However, being a double-edged sword, the adoption of ICT in the courts brings with it not merely the advantages but also the risks. While at one end ICT maintains the practice of open justice, at the other end ICT poses threats to the individual's right to privacy. The extant global literature on ICT adoption hardly examines the conflicting rights of the public to open justice and the rights of the individual to privacy and similarly, such issues are under-researched in Malaysia. As such, this paper intends to fill in this lacuna and seeks to examine the balancing of the right to open justice and the individual's right to privacy when ICT is utilized at the courts. This paper adopts a doctrinal legal analysis from secondary data and primary source, which are the legislations in Malaysia and the United Kingdom. The secondary sources include international instruments, case law, books, journal articles, and the practice directions of the Courts. The authors contend that both the incompatible public's right to open justice and the individual's right to privacy should be balanced through the use of not only the relevant legislation but also via technology and organizational norms in the form of proper security measures, code of conduct and risk management system.
2021 Innovations in Power and Advanced Computing Technologies (i-PACT), 2021
In the last decade, virtual attacks in the form of cyber espionage has become more and more rampa... more In the last decade, virtual attacks in the form of cyber espionage has become more and more rampant. The commission of such crime is through state and non-state backed actors against government websites, public and private networks, individuals and also economic giants. Cyber espionage is seen as a developing crime due to the unlimited connectivity of these cybercriminals to cyberspace which translates it as a visible threat to national security. The risk of cyber espionage is more prevalent and viable as the cyberspace environment facilitates anonymity. The predominant theories adopted to understand cyber espionage is the Risk Society Theory (RST) and the Cyber-Securitisation Theory (CST). However, on their own, these two theories are deficient in that RST relies on the risks and insecurities that come with modernisation, and CST only focuses on the transformation of a domain into a matter of national security. Given these problems, this paper aims at examining each model and expanding and integrating the RST and CST, which would mitigate the understanding of cyber espionage and modalities to prevent such crime. This paper employs a qualitative methodology, with primary data derived from semi-structured interviews with appropriate respondents. The data is triangulated using specialists from two different ministries. Secondary data sources include applicable cyber law, the Penal Code, books, academic publications, online databases, and library-based sources. The findings suggest that focusing on securitisation alone will not be effective in governing such crime, instead, understanding the risks and how to manage and mitigate such risks would be more effective. The integration of both theories would be significant to stakeholders especially government entities that focused on cybersecurity and also endorses the concept of individual responsibility for corporate entities and computer users in protecting themselves against such crime.
The audio/video conference systems (AVS) enable parties from distinct locations to „meet‟ synchro... more The audio/video conference systems (AVS) enable parties from distinct locations to „meet‟ synchronously in achieving certain objectives. Medical practitioners, accounting firms, businessmen, to name a few, have long resorted to AVS in their everyday routines. Recently, the courts in many parts of the world, including the Malaysian courts, have started to engage in AVS in solving any disputes. Despite this development, local literature is still scarce on this subject matter, and the adoption of AVS is rather recent in the Malaysian context. Hence, this paper seeks to highlight the implications of such technologies, particularly in enhancing the administration of justice at the Malaysian Courts. The study adopts a qualitative method, engaging in two multiple-embedded case studies involving a High Court in West Malaysia and a High Court in East Malaysia using the instrument of semi-structured interviews. The data generated from the case studies were analysed using the computer-aided qu...
Drawn from a doctoral research, the first part of this paper aims at discussing the concept of IC... more Drawn from a doctoral research, the first part of this paper aims at discussing the concept of ICT adoption in the judicial system by discussing the different applications of ICT in the courts of Malaysia and other selected jurisdictions such as the United States of America, Spain, Italy, Singapore and Australia. Apart from the concept, the benefits and advantages that could be derived from these technologies would also be reviewed. Being a double-edged sword, at one end the adoption of ICT provides considerable potentials to improve the delivery of justice. However, at the other end it raises numerous practical and administrative hurdles, as well as the issue of the acquisition of skills and readiness of the court officials, legal practitioners and litigants in embracing the technologies.
The landlord-tenant relationship in Malaysia is mostly governed by the tenancy agreement, which s... more The landlord-tenant relationship in Malaysia is mostly governed by the tenancy agreement, which spells out the rights and obligations of both parties. Despite having the legal agreements, it has been reported that many issues arise, such as trespass committed by landlords to the tenanted property and recovering losses from the tenants who disappeared. As of today, the country has yet to enact specific legislation to deal with issues arising between landlords and tenants. Hence, in the event of any dispute, the tendency for Malaysian landlords is not to go through the legal system to settle them as it is a costly and time-consuming process. Some tenants who are aware of this legal inefficiency choose to exploit it for their benefit at the landlord’s expense. Hence, the main issues in this paper will be the possible ways in of trespass could be committed by landlords into the tenanted property, and their rights are not very well-protected, and quite often, the safety deposits collecte...
While the world could see the significance of the e-learning system in providing access to the ed... more While the world could see the significance of the e-learning system in providing access to the education system due to its simplicity, convenience and low cost, the situation at the end of the bargain is the impact of the e-learning system on the e-learners themselves.The scenario is further complicated by the fact that the e learners could come from various academic backgrounds, different from the current e-learning courses they are taking. It is within this context that this paper aims to critically examine the challenges in accepting the e-learning system within the context of e-learners who possess academic backgrounds different that the e-learning course they are taking up.In addition, this research aims to propose recommendations for the betterment of the e-learning system, particularly by taking into consideration the viewpoints of the respondents, who are the educators,. the system developer and the e-learners themselves.The research adopts a qualitative method, comprising o...
The aim of this paper is to examine the perceived risks of the adoption of information and commun... more The aim of this paper is to examine the perceived risks of the adoption of information and communication technologies (ICT) in the justice system of the High Courts of Malaysia. The research adopts a qualitative method, comprising of the collection of secondary data, which involves librarybased research over relevant laws and regulations, textbooks, journal articles, practice directions and reports. The secondary data is triangulated with the primary data generated from a case study comprising of four High Courts of West and East Malaysia. A total of sixteen respondents were interviewed to explore and understand their perception of the risks and their attitudes towards such risks in the adoption of ICT at the respective courts. The primary data, which had been generated, was analysed by using the computer aided qualitative data analysis software ATLAS.ti version 7 prior to reporting of the same. The findings indicate that several perceived risks exist when ICT is used in court. Such...
The Islamic banking and finance industry has gained popularity all over the world.Within this con... more The Islamic banking and finance industry has gained popularity all over the world.Within this context, the development of the industry could very well owe to the constitutional legal framework governing the specified jurisdiction. Such framework includes the ruling authority, the governmental functionaries, the Shariah supervisory bodies, the fatwa issuing bodies as well as the judiciary.This paper aims to highlight the background of the recent Islamic Financial Services Act 2013.The analysis is tackled along the lines of the background and the constitutional frameworks of the country, the initiatives introduced by the government for the development of Shariah compliance within the Islamic banking and finance fraternity, as well as the relevant organs in carrying out the audit exercises over the Islamic banks and financial institutions in Malaysia.The paper attempts to elucidate the experience of bankers and Shariah practitioners in implementing the Islamic Financial Services Act 20...
Journal of Legal, Ethical and Regulatory Issues, 2019
Technology is increasingly adopted in various aspects of life including for the management of jud... more Technology is increasingly adopted in various aspects of life including for the management of judicial matters at the courts. This study seeks to examine the organizational implications of technology adoption at the Malaysian civil courts. Engaging in qualitative research approach involving four case studies in Malaysia, the research found numerous organizational implications of technology adopted at the courts. Firstly, such adoption gives rise to improved organizational structure at the courts. Secondly, the productivity and efficiency of the court routines increased following the constant and increasing use of such technology. Thirdly, the technologies also lead to transparent court processes and proceedings. Fourthly, it was found that the re-skilling of human resources and training are also promoted with the use of such technologies. Intended as a catalyst for future research, the paper concludes by recommending that future direction should focus on empirical data to further co...
Journal of Legal, Ethical and Regulatory Issues, 2019
Diminishing partnership or Musharakah Mutanaqisah (MM) is one of the underlying contracts adopted... more Diminishing partnership or Musharakah Mutanaqisah (MM) is one of the underlying contracts adopted by Islamic financial institutions particularly for its property financing instruments. However, the implementation of MM in Malaysia has been surrounded with numerous legal challenges. Engaging in socio-legal approach, this study embarked upon the main objective of identifying the legal challenges surrounding the implementation of MM in Malaysia. Investigation was conducted involving three units of analysis: an Islamic bank, a legal firm, and an educational institution. Relevant parties were identified to be interviewed: a Shariah committee of the Islamic bank, a solicitor attending to the MM legal documentation and an academician teaching Islamic finance courses at the educational institution. The instrument employed was semi-structured interviews particularly to investigate the legal challenges of MM as an alternative for property financing in Malaysia. The findings revealed that ther...
The Islamic banking and finance industry in Malaysia is developing progressively, primarily due t... more The Islamic banking and finance industry in Malaysia is developing progressively, primarily due to the concerted effort from the regulators and the industry players alike. The Islamic funds are increasing over the years and more innovative products are introduced for the benefit of the consumers. In some situations, disputes arise relating to the Islamic finance matters, and they end up for the adjudication of the courts system. However, there have been debates as to the challenges affecting the adjudication of such cases in the Malaysian courts. Engaging in library-based research, this paper outlines the various challenges affecting the adjudication of Islamic finance cases in the Malaysian courts, involving both legal and operational aspects of the implementation of Islamic finance business in the nation. The challenges include the legal infrastructure puts Islamic finance cases within the jurisdiction of the conventional legal framework, Islam is separated from the administration...
International Journal of Academic Research in Business and Social Sciences, 2021
Traditionally, terrorism and violent extremism (VE) are synonymous with male perpetrators, althou... more Traditionally, terrorism and violent extremism (VE) are synonymous with male perpetrators, although women are inevitably and adversely affected by such illegalities. Women are increasingly involved as active supporters not only by fundraising terrorist activities but also as lone wolf suicide bombers. Despite the awareness of women's participation, and the detrimental impact of such crimes on women, the lack of understanding of the causes of Malaysian women's radicalisation and their political agency has remained under-researched. The understanding of such rationales and agency is crucial to enable the government to adopt the appropriate PVE/CVE approach. Given the lack of academic research on this issue, this paper aims at examining the understanding of VE, the role and the causal factors of women's radicalisation and their implications on the visibility of women's agency and gender equality in Malaysia. This research employs qualitative methodology, in which the primary data was collected through semi-structured interviews with fifteen respondents. The data triangulation was obtained from focus group discussions with experts from relevant ministries and universities. The data is analysed and interpreted using Atlas.Ti software. The findings revealed that the drivers toward women's radicalisation are varied, and the lack of visibility of women's political agency in the analyses of Malaysian women's participation in VE is unfortunate. Such a situation calls into question not only the future role of women as active actors in PVE/CVE but also the promotion of gender equality as envisaged by the UN Security Council Resolutions 2178 and 2242 and SDG No 5 and 16.
Generally, Rent to Own (RTO) is a financial scheme offered by financial institutions to help thos... more Generally, Rent to Own (RTO) is a financial scheme offered by financial institutions to help those who cannot afford the 10% initial deposit and access to financial schemes. One value-based intermediation (VBI) initiative is the RTO Islamic financing product. The market segment of this product is for the new generation whereby they can own a house without paying any deposit on account of the fact that housing estates are increasingly expensive. This paper starts with the background concept of VBI, then it discusses on the modus operandi of RTO offered by financial institutions. This paper also discusses legal and Shariah aspects related to RTO. Adopting a qualitative method, the data were collected through semi-structured interviews with relevant parties involved with the RTO product. In addition, some preliminary information had been accessed through the financial institution’s website. This paper found that RTO has played important roles as one viable VBI initiative and it is appr...
International Journal of Law, Government and Communication, 2021
Hacking or unauthorised access is criminalised in many jurisdictions, including Malaysia, Singapo... more Hacking or unauthorised access is criminalised in many jurisdictions, including Malaysia, Singapore, the United Kingdom, Hong Kong, and a few other countries. Hacking is the act of gaining access through the computer system or network without proper authority or exceeding the original authority given to him. Many commentators and researchers have reported on the conceptual and legal aspects of hacking. However, hacking's theoretical, conceptual, and legal aspects have remained under-researched. Therefore, this paper's primary objective is to outline the various theories, which could inform the criminalisation of hacking. The theories of routine activities, deterrence theory, social learning and self-control, general strain theory, and deviant subcultures are deliberated in this paper alongside illustrations within the context of hacking. This paper will shed light on the body of literature and contribute to a better understanding of hacking criminalisation from various theor...
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