Living a corporate lifestyle: The application of 'body corporate' under Islamic institutions in Malaysia

Businesses are not alien to Islam for it has been the practice of Prophet Muhammad p.b.u.h. The Holy Prophet himself was a successful trader. In Islam, particularly the Arab countries, they refer the entity carrying out the businesses and commercials as ‘syirkah’ vis-à-vis corporation or company under Western concept. Whilst the Western distinguishes company from partnership, syirkah in Islam refer to both company and partnership.Nevertheless, the different types of these syirkah are reflected in the diversity of their categories, which comprised of al-‘inan, al-abdan, mudharabah, wujuh and mudharabah. The essential part of a syirkah is that it is contractbased,where individuals came together and entered into a contract with an agreement to distribute the profits amongst themselves. Individuals are the backbone of a syirkah in Islam. Whereas, a company in the conventional system focuses on the concept of body corporate rather than natural human being, i.e. individuals. In this modern world, the applications of the notion ‘body corporate’ are also integrated into some of Islamic institutions including those that were established in Malaysia. The Islamic institutions are now leading a corporate way of lifestyle. This paper will highlight some of the Islamic institutions in Malaysia and the analysis of legal provisions which set them up as corporate entities. In the same parallel also, the author will identify the rights and criteria arising from such body corporate – and the Islamic perception on such corporate lifestyle

Langkah menangani dan membasmi gangguan seksual menurut kod amalan dan perspektif Islam: Suatu perbandingan

Gangguan seksual merupakan satu fenomena yang menjejaskan peradaban dan kesantunan seseorang.Ianya boleh berlaku di mana-mana dan pada bila-bila masa sahaja seperti di tempat kerja, dalam pengangkutan awam, di pusat membeli-belah, di sekolah dan seumpamanya. Walaupun pelbagai kaedah menanganinya dilaksanakan, masalah ini sukar dibendung kerana sikap masyarakat yang kadangkala tidak sedar bahawa gangguan seksual berlaku ke atas diri mereka dan tidak kurang pula yang enggan membuat aduan kerana malu dirinya telah menjadi mangsa gangguan seksual.Akibatnya, masalah gangguan seksual makin berlarutan dan hanya menjadi isu perdebatan apabila suatu kes gangguan seksual dilaporkan dalam media.Sehubungan itu, artikel ini akan mengupas isu gangguan seksual dan langkah menanganinya dengan merujuk kepada Mekanisme Dalaman dalam Kod Amalan Untuk Mencegah dan Membasmi Gangguan Seksual di Tempat Kerja 1999 dan menurut perspektif Islam

Legal and Regulatory Challenges for the Proliferation of Small and Light Weapons in Nigeria

The Nigerian security challenges can be significantly ascribed to the proliferation of small and light weapons (SALW). It is a universal phenomenon that causes serious security problems ranging from cattle rustling, armed robbery, assassination, kidnapping, militancy and terrorist attacks. It serves as a main source of obliteration of lives and properties. Controlling the proliferation of SALW is in the interest of government and governed. This paper examines the legal and regulatory challenges curtailing the control of proliferation of SALW in Nigeria. It equally explores and identifies gaps and lacuna in the legal and institutional frameworks. For practical steps towards effective control of proliferation of weapons legal and institutional reforms are suggested. These include the review of the Firearms Act 1959 to include far reaching provisions. The Act should provide for the creation of National Commission on SALW. The research paper is valuable to the policy makers, the security agencies and the entire citizens. Keywords: Small arms, light weapons, challenges, proliferation, Nigeria

An Overview of Online Civil Society & Anti-Fake News Law From Legal and Islamic Perspectives

There are three principles of civil society in any cultural context; participatory engagement, constitutional authority and moral responsibility. These principles relate to the legal framework of any countries, embedded in the domestic legislation. However, the proliferation of online social networking causes dissemination of fake news flourish. Countries try to cope the problem by enacting legislation. However, some sees online fake news as something that need to be controlled, limiting the freedom of expression, independence of media and progressiveness of civil society. The aim of this article is to examine the compatibility of anti-fake news legislation within the principles of Islamic civil society. The article adopts the doctrinal research methodology. The article finds that the principles of Islamic civil society is in harmony with any legislation to curb dissemination of fake news and as such, compatible within the Islamic context. The article also finds that despite various categories or types of fake news, Islam prohibits any dissemination of fake news even if it is satirical. Hence, the enactment of anti-fake news legislation to curb fake news is suggested in order to strengthen the progressive Islamic civil society, hence enabling the society to achieve harmony and peac

Kedudukan pesalah kanak-kanak menurut perspektif undang-undang sivil dan syariah

Pada masa kini, pihak media sering melaporkan tentang kesalahan yang dilakukan oleh kanak kanak sama ada kesalahan sivil atau jenayah.Isu ini bukan sesuatu yang baru, malah telah wujud beberapa dekad yang lalu. Kesalahan atau jenayah yang dilakukan oleh pesalah kanak-kanak kadangkala sampai ke tahap yang mampu dilakukan oleh orang dewasa, seperti membunuh, merogol, merompak dan sebagainya.Walau sebesar mana sekalipun kesalahan yang dilakukan oleh pesalah kanak-kanak, hukumun atau lebih sesuai disebut sebagai perintah yang dikenakan ke atasnya adalah berheza dengan hukuman terhadap pesalah dewasa.Oleh itu, artikel ini akan membincangkan tentang kedudukan pesalah kanak-kanak menurut perspektif undang-undang sivil dan Syariah yang sudah tentu terdapat perbezaan yang ketara terutamanya dari segi definisi kanak-kanak, umur tanggungan jenayah dan jenis-jenis perintah yang boleh dikenakan

Right of online informational privacy of children in Malaysia: a statutory perspective

The advantage of digital era with unlimited access to the Internet is enjoyed by most people globally including the young and children. However, policy-makers concern with the advancement of Internet and propagate the idea of shielding and segregating the children from the harm that may cause from access to the Internet, including breach of online privacy of the children. Children are not sensitive with their online privacy or do not know how to protect their online privacy. Hence, some countries have enacted specific legislation to protect the privacy of the children such as the Children’s Online Privacy Protection Act (COPPA) in the United States of America or introduced self-regulatory initiatives on online child privacy like in the European Union. At the international level, the Convention on the Rights of the Child was introduced in 1989 by the United Nation to protect the children. In Malaysia, the government introduces the Child Act 2001 and the Sexual Offences against Children Act 2017 to protect the children. However, how far these two Acts protect the online privacy of the children in Malaysia? Thus, the article seeks to examine the legal protection of children online informational privacy in Malaysia. The article adopts doctrinal research methodology which is mainly library research approach. The article finds that the current regimes of laws do not adequately protect the online privacy of the children in Malaysia. It is suggested that amendment or enactment of the laws to that effect be made

The online social network era: are the children protected in Malaysia?

The phenomenon of online social networking during the age of the web creates an era known as the ‘Online Social Network Era’. Whilst the advantages of the online social network are numerous, the drawbacks of online social network are also worrying. The explosion of the use of online social networks creates avenues for cyber criminals to commit crimes online, due to the rise of information technology and Internet use, which results in the growth of the Internet society which includes the children. The children, who are in need of ‘extra’ protection, are among the community in the online social network, and they are exposed to the cyber crimes which may be committed against them. This article seeks to explore and analyse the position on the protection of the children in the online society; and the focus is in Malaysia while other jurisdictions are referred as source of critique. The position in Malaysia is looked into before the introduction of the Sexual Offences Against Children Act 2017. It is found that, in the Online Social Network Era, there are inadequate protections for children in the Malaysian legal framework before the introduction of the Act. The effectiveness of the Act which is already passed by the Parliament but yet to be enforced, is yet to be seen

Malaysian Electronic Commerce Act 2006 and EU directives: Consumer protection perspectives

European Union (EU) has given directives as a guiding framework for enactment of laws to facilitate the growth of e-commerce contract and transaction in that region. Malaysia has enacted Electronic Commerce Act 2006 to smoothen the progress of e-commerce in Malaysia.Though section 2(1)(g) of Consumer Protection Act 1999 has been deleted to include consumers’ transaction electronically, Electronic Commerce Act is still important in governing the online contract as a whole.This article will seek to highlight the similarities and differences between the Electronic Commerce Act 2006 and the EU Directives on certain issues of online contracting which relate to consumer protection

Workplace privacy in Malaysia: A legal comparison

The rapid growth of the information and communication technology has made it possible for everyone to search information, gain knowledge, and generate eficiency in their work in such a way that we never dreamed of a decade ago.Another shift has occurred in the digital world where it reflects a growing interest in new surveillance technologies, be it relating to personal or company's data. This interest is based on various reasons; it enables the companies to monitor work performance, maintain employees' discipline and productivity, and introduce e-commerce transaction in the company. Those new technologies include video surveillance, smart card, face recognition, and biometrics. Many countries are also developing new identification and authentication systems, such as smart cards and digital identification cards. Austria is promoting a new social security smart card; Singapore also created "SingPass' and Malaysia has established "Mykad", a universal purpose ID card. These collections of data have significant importance regarding the issues of its security and individual privacy. Furthermore, the Malaysian Federal Constitution does not specifically recognise privacy as one of the fundamental rights and the Personal Data Protection Bill is yet to be enforced. As such, this paper will discuss the extent of protection available to the workers relating to their privacy under related laws in Malaysia

Setting franchise disputes through mediation in Malaysia

Business opportunities come in many ways and among the most popular one is franchise business. It is built on a long-term relationship which requires trust and full support between the franchisor and the franchisee. Similar to any business relationship, franchise business is also exposed to disputes and friction due to miscommunication or other disagreements between franchisor and franchisee. In the event of disputes, the parties normally resort to type of settlements which are not burdensome to them. They tried as much as possible to settle it and often seek a commercial solution in order to avoid high cost and inconvenience of litigation process. In doing so, parties are more comfortable to overcome their disputes through mediation. Mediation is a voluntary process where an independent third party, called mediator assist the disputing parties to facilitate the negotiation in order to reach satisfactory outcome. This paper aims to study the mediation process conducted in franchise dispute and examine its advantages and disadvantages in settling the disputes between franchisor and franchisee