Domestic violence court: a new model to combat domestic violence against women in Malaysia

Domestic violence is a social epidemic in Malaysia.To combat this, the Domestic Violence Act 1994 and the Domestic Violence (Amendment) Act 2012 has set up a mechanism via the Malaysian criminal justice system to investigate reports, prosecute the perpetrators and protect the victims of domestic violence.Unfortunately, the mechanism has been viewed with disfavor by many.This paper attempts to critically appraise the effectiveness of the mechanism and subsequently propose an alternative method to better deal with domestic violence cases.Applying a descriptive and analytical approach in data analysis, the paper concluded that the mechanism currently being implemented in dealing with domestic violence cases is ineffective and ineffectual.Therefore a specialized court (instead of the current criminal court) which deals specifically with domestic violence is suggested

Potential of deep seawater mariculture for economic transformation in Sabah, Malaysia

A Malaysian state of Sabah is blessed with natural deep sea water (DSW). The presence of these DSW's offers a potential for OTEC power plant to be installed and operated using warm surface sea water (SSW) as a heat source and the cold DSW as a heat sink. In the operation, the power plant may need to spend a considerable amount of power to pump up the DSW. The cold DSW, after serving its function as coolant to the condenser of the power plant, apparently appears as cold waste-water and may pose a disposal problem to the environment. However, being very rich in nutrients, the used DSW instead create another valuable potential for secondary commercial activities in industries like mariculture, pharmaceutical, cosmetic, medicinal, temperate crop farming, district cooling, etc. all of which, if fully developed could offer a real economic transformation for the state of Sabah, as that experience by the Japanese Kumejima of Okinawa prefecture. This paper focuses on the discussion on the potential of DSW in enhancing the development of Sabah mariculture industry, party contribution towards accelerating the socioeconomic transformation of the state and the people

Legal considerations on OTEC deployment in Malaysia

It is predicted that the world’s primary energy demand would rise to 37% higher by the year 2040, and this would consequently increase current pressures on the global energy system. This would in turn make renewable energy more viable against non-depletable and sustainable energy. Malaysia has made an effort to meet this energy forecast by reducing the reliance on biomass for energy production, and is committed in making it a reality. The ocean thermal energy-driven development based on the ocean thermal energy conversion technology (OTEC) has great potential in leading the Malaysian renewable energy industry. However, this cannot effectively take place until certain legal impediments are identified. Thus, a legal analysis must be conducted to provide the Malaysian government or any government authority in the world to be aware of such legal impediments in ensuring success of their OTEC venture. Given the industry is at its infant stage, such a legal review is hoped to eventually promote further legal analysis on OTEC-related activities

Maqashid Al-Shari'ah-based performance measurement for the halal industry

Purpose: The halal industry is one of the most growing industries in the world. It refers to the industry in line with Islamic principles and requirements. The emergence of this industry aims to fulfil the requirement of Islamic-compliant products and services. Surprisingly, the industry has been growing in both Muslim and non-Muslim countries. Assessing the performance of the industry will be notable for ensuring that it obtains its objectives. The proper performance measurement should highlight business perspectives and religious aspects. This study aims to explore the current issues and challenges in developing Maqashid Al-Shari’ah-based performance measurement in the halal industry. Design/methodology/approach: This is a qualitative research using in-depth interviews, and uses content analysis to interpret and explain the interview result. Interviews were conducted with experts in Maqashid Al-Shari’ah and Islamic capital markets. Findings: The existence of the concept of Maqashid Al-Shari’ah is to create maslahah for all human beings. The development of Maqashid Al-Shari’ah performance measurement for the business is very important. It has only been developed for Islamic financial industry. Unfortunately, it is found that the development of Maqashid Al-Shari’ah performance measurement has not been carried out comprehensively in non-financial industry. The main issue is the absence of the applicable measurements. Therefore, collective decision is required to develop the appropriate measurements. Practical implications: There is a necessity for regulator to produce standards on Maqashid Al-Shari’ah-based performance measurement. The government policy plays an important role in the development and implementation of Maqashid Al-Shari’ah -based measurement index. Originality/value: This paper highlights the issue of the development of Maqashid Al-Shari’ah -based performance measurement in halal business and commerce which has not much discussed in prior studies

Marital wellbeing indicators amongst malay muslim couple in Malaysia: a preliminary study

Introduction: There is a significant increase in the number of divorce cases among Malay Muslim couples over the past years which serves as a strong signal for the government to take initiatives to understand the current situation. A plethora of literature can be found on marriage satisfaction and the quality of the relationship within marriages. However, exploration on contributing factors to long lasting marriages amongst the Malay Muslim community are lacking. This paper aims to share the initial findings in an effort to explore of the strength of relationship in a lasting marriage amongst Malay Muslim couples in Malaysia. Methods: This paper adopted a quantitative approach utilizing the Eternal Love Instrument (c) 2016 which consisted of 171 items, distributed to 350 respondents based on simple random sampling technique. Results: The findings indicated that there are three main considerations in selecting a spouse which were (1) Religion (95.2%); (2) Character (responsible) (96.1%); well mannered (95.8%); and (3) Race (79.3%). Age, looks and type of jobs were the least considered factors amongst the respondents surveyed. The respondents perceived that the strongest element in their relationship was communication (69.6%), followed by tolerance (62.6%) and responsible towards family wellbeing (56.4%). Conclusion: The initial survey has indicated that a lasting marriage is a consequence of having a responsible partner with good religious background. Also, from all these five constructs, these respondents considered their spouses to be highly responsible

The key motivating factors of employee retention: a resource based view

The study explored how employees' retention act as a valuable resource for corporate governance to increase and sustain firm's performance. Phenomenological approach is used to collect information from a sample of 50 employees in the education sector. After conducting semi-structured interviews, six themes were developed by using various statements. The themes developed are the key motivating factors of employees' retention that create awareness among the managers and the board members to help them in making different strategies of retaining employees and using them as a valuable resource to achieve sustainable organizational development

Maqashid Al-Shari’ah-based performance measurement for the halal industry

Purpose: The halal industry is one of the most growing industries in the world. It refers to the industry in line with Islamic principles and requirements. The emergence of this industry aims to fulfil the requirement of Islamic-compliant products and services. Surprisingly, the industry has been growing in both Muslim and non-Muslim countries. Assessing the performance of the industry will be notable for ensuring that it obtains its objectives. The proper performance measurement should highlight business perspectives and religious aspects. This study aims to explore the current issues and challenges in developing Maqashid Al-Shari’ah-based performance measurement in the halal industry. Design/methodology/approach: This is a qualitative research using in-depth interviews, and uses content analysis to interpret and explain the interview result. Interviews were conducted with experts in Maqashid Al-Shari’ah and Islamic capital markets. Findings: The existence of the concept of Maqashid Al-Shari’ah is to create maslahah for all human beings. The development of Maqashid Al-Shari’ah performance measurement for the business is very important. It has only been developed for Islamic financial industry. Unfortunately, it is found that the development of Maqashid Al-Shari’ah performance measurement has not been carried out comprehensively in non-financial industry. The main issue is the absence of the applicable measurements. Therefore, collective decision is required to develop the appropriate measurements. Practical implications: There is a necessity for regulator to produce standards on Maqashid Al-Shari’ah-based performance measurement. The government policy plays an important role in the development and implementation of Maqashid Al-Shari’ah -based measurement index. Originality/value: This paper highlights the issue of the development of Maqashid Al-Shari’ah -based performance measurement in halal business and commerce which has not much discussed in prior studies

Shari’ah issues, challenges, and prospects for Islamic derivatives: a qualitative study

Purpose: The purpose of this study is to investigate shari’ah scholars’ views and experiences pertaining the shari’ah issues, challenges and prospects in Islamic derivatives. Specifically, this paper critically examines the criticisms toward conventional derivative instruments and the controversies surrounding underlying contracts and current Islamic derivative products. Design/methodology/approach: This study uses qualitative methods to form a deeper understanding of shari’ah scholars’ perception and experience on Islamic derivatives. Semi-structured interviews were conducted with five shari’ah scholars who are currently working in Islamic financial institutions in Malaysia and Singapore. This study used phenomenological techniques for its data analysis. Findings: This study has found that shari’ah scholars are aware of the shari’ah issues surrounding Islamic derivatives and have provided comprehensive insight on the solution to these issues. It was found that it is important to take into account the derivatives instruments in Islamic financial industry because of the need for hedging and risk mitigation within Islamic financial institutions. Nonetheless, the study has also found that the use of wa’ad contracts to structure Islamic profit rate swaps and foreign currency exchanges are problematic because of it having features of bay’ al-kali’ bil-kali (the sale of one debt for another). Originality/value: This study is one of few studies that highlight the shari’ah issues of Islamic derivatives in Islamic banking and finance industry. This paper is of value in discussing risk management and Islamic derivatives in Islamic financial institutions and how there are many issues under the investigation process, particularly issues related to controversial underlying contracts and products