4 research outputs found

    Is The Covid-19 Vaccine Halal? Revisiting The Role of National Pharmaceutical Regulatory Agency (NPRA) and JAKIM

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    The urge to be vaccinated has increased rapidly during the outbreak of the COVID-19 pandemic. Resorting vaccine products is seen as the only way to break the chain of COVID-19 spread and eventually stop the pandemic. To this dire need, many consumers face the dilemma to be vaccinated or to opt-out of the vaccination program when the safety issues of vaccine products are widely circulated. The Muslim consumers, particularly, experiences double worry on the issue of safety and halal status of the vaccine product. Due to the emergency call to have the vaccine in the market as soon as possible, the innovation and production were carried out in an expedited manner, and the necessity to have the vaccine be certified as halal was bypass. When the news on the vaccine product uses non-halal ingredients reaches the Muslim community in Malaysia, they were taken aback and demanded immediate answers from the authorities. Thus, in addressing this issue, this study intends to critically analyse the role of NPRA and JAKIM in ensuring the safety and halal status of a product with the aim of suggesting a review of the existing role. This article adopts a qualitative research methodology where interviews will be the supporting method to a library-based and doctrinal study

    Who Is a Native of Sabah? A Legal Analysis

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    Article 161A of the Federal Constitution provides for the special position of natives of Sabah and Sarawak. Who are the natives of Sabah? There are legal definitions provided in the Federal Constitution, the State Constitution of Sabah and the Sabah Interpretation (Definition of Native) Ordinance 1952. However, each provision provides vague and unclear definitions for the term "native". This vague and inconsistent definition leads to so many problems faced by the natives of Sabah, both in economic and political aspects. Thus, this paper aims to analyse the relevant legal provisions concerning the definition of a native of Sabah and highlight possible solutions to the problems

    Navigating Party Loyalty and Party Hopping in Malaysia Through Nordin Salleh and Khaliq Mehtab’s Cases

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    This article delves into the intricate dynamics of party loyalty and its implications for political stability in Malaysia, with a specific focus on party hopping. This study applies a doctrinal approach by examining statutory provisions, courts’ judgments and secondary sources. Through a detailed analysis of two landmark cases – Nordin Salleh and Khaliq Mehtab – this study uncovers the underlying challenges within Malaysia's political landscape. The analysis illuminates the judicial position in Nordin Salleh and the departure in Khaliq Mehtab’s cases; to which contrasting judicial positions were taken by the then Supreme Court in the former and the Federal Court in the latter. In light of these findings, the study underscores the critical need for robust and adaptable political institutions capable of withstanding such disruptions, thereby fostering a stable and resilient democracy. Furthermore, this study draws attention to the 2022 constitutional amendment addressing party hopping, acknowledging it as a positive step towards enhancing stability. However, it also highlights the existing gaps in the reforms, particularly in light of the pending application in court. In conclusion, this study posits that the constitutional amendment represents a commendable effort to advance political stability, but its efficacy remains to be seen

    Sistem Kehakiman Anak Negeri Sabah dalam konteks pelaksanaan hukuman dan denda adat / Rafidah@Malissa Binti Salleh, Lenny James Matah and Ku Mohd Amir Aizat Ku Yusof

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    Sabah is known for its multi-ethnic population. One of the uniqueness of the state is the existence of Native court system in its legal system. The Native Court is responsible to try cases relating to native customs of the Sabah's indigenous people irrespective of their religion. Thus, in Sabah, there are three different judicial systems exist, namely the civil court system, the Syariah court system and the Native Court system. The objective of this paper is to look at the Native Court system, and to discuss the importance of this traditional judicial system to the indigenous communities. Also, the paper will examine the legal sources and the types of customary penalties imposed by the Native Court of Sabah, in particular the customary penalty, which is known as sogit. Sogit is a customary penalty involving a ceremony sacrificing animals, such as buffalo, chicken or pig, followed by a ritual to calm the spirits. In term of jurisdiction, the Native court has jurisdiction to pass customary penalties such as sogit in the event of any breach of the native customary lawsbasedontheNativeCourtsEnactment1992.While the natives of Sabah live in a modern era, the fact is that they are still bound by customs and the native customary penalties
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