80 research outputs found

    Non-registration of Muslim marriages in Malaysia: socio-legal implication

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    There are no single provisions found in the Al Qur´an or as Sunnah as relates to registration of marriage, but there are equally no prohibitory provisions as well. The purpose of the enforcement of registration is to remove the difficulty of proving the marriage. As such, the obligation to register marriage is important as it is for the benefit (maslahah) and protection of the society at large. The effect of unregistered marriage is not felt until and unless when the parties face matrimonial difficulties. The SharÊÑah court has no jurisdiction to entertain their cases until it is proven that their marriage is registered or deemed registered or valid according hukum shara´. Therefore, if the parties cannot prove the validity of their marriage by the assistance of the person solemnizing the marriage or by the witnesses of their marriage, the registration of the marriage will facilitate to prove the existence of their marriage. This article is to establish the importance of registration and the effect of non-registration that will lead to various socio-legal implications

    Prosedur dan pendaftaran perkahwinan

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    Young women speak out: healing the selves through narrative therapy

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    This paper explicates the contemporary voices of Malaysian women projected towards raising awareness on violence to the public through Young Women Speak Out, an anthology of short stories and poems written by victims of violence and sexual abuse. This collection is published in 2007 by All Women’s Action Society (AWAM), an independent feminist organisation committed to improving the lives of women in Malaysia. The writers’ writings of life-narratives are analysed in the framework of narrative therapy developed by Michael White and David Epston and Kamsler’s theory of revising individuals’ relationship with one-self in relation to violence and abuse. By placing the plots of the stories within Kamsler’s stages of revising individual’s relationship with one-self in relation to violence and abuse, the stories reflect the authors’ success in forming a more positive self-dignity, thus allowing them to go on with their lives guided by new perspectives and hopes. By contextualizing their violent experiences in a broader cultural politics of race, gender, class, sexuality, professional and institutional dominance, these stories, when viewed as therapeutic engagement, have helped these women to externalise their problems allowing them to create awareness as well as speaking out to the Malaysian society in order to expose the detrimental effects of sexual and domestic violence

    A requirement model for managing inventory of raw materials

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    This study presents an initial study on managing knowledge related to consumption of raw food inventory used in an organization that deals with preparing food and beverage services. A requirement model capturing the functionalities of this system is proposed, where its prototype has been evaluated using TAM.The finding from this evaluation shows that this prototype is easy to use and provide useful function to its target users

    Factors Associated with Oral Health Literacy among Patients with Type 2 Diabetes Mellitus Attending Hospital Universiti Sains Malaysia

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    Objective: To determine the oral health literacy (OHL) level and its associated factors among patients with type 2 diabetes mellitus attending Hospital Universiti Sains Malaysia (USM). Material and Methods: This cross-sectional study involved 135 diabetic patients with a mean age of 62.6 years old (SD=9.05) who attended the Diabetes Outpatient Clinic at Hospital USM, a teaching hospital in the north-eastern corner of Peninsular Malaysia. The Malay version of the Oral Health Literacy Instrument (OHLI-M) was used to assess the level of OHL among respondents. An additional self-administered questionnaire was used to obtain other variables of interest. Systematic random sampling was applied in this study. The data were analyzed using an independent t-test and ANOVA to determine factors associated with oral health literacy among respondents. Results: Most respondents have at least one oral health problem (62.2%). The most common problem was cavitated tooth (42.2%). Other problems include toothache (17.8%), mobile tooth (17.8%), and swollen gums (16.3%). OHL level for most respondents (40.7%) was inadequate. The mean total OHLI-M score was 67.9 (SD=17.74). The OHL score was significantly lower in respondents with the following characteristics: female, no formal education or had primary education, unemployed, lower income group, never visited a dentist, and had swollen gums. Conclusion: The OHL of most patients with type 2 diabetes mellitus attending the Diabetes Outpatient Clinic, Hospital USM still need to be improved. Oral health problems were common in patients with type 2 diabetes mellitus in this study. This study also highlighted the link between OHL and socio-demographic factors. Improving the OHL of patients may increase their capability to obtain and understand oral health messages needed to take appropriate actions that will eventually prevent oral diseases associated with diabetes mellitus

    Right of a child to maintenance: harmonising the laws in Malaysia

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    One of the issues in child’s maintenance is the maximum age of a child in which a father is still responsible over the maintenance. Under the Civil law, there is no provision which requires the parent to provide maintenance if the child is pursuing his/her tertiary education. The Islamic Family law provides eighteen years old as the maximum age for a child to still be entitled to maintenance. It is also provided that if the child is pursuing his/her tertiary education, claim for the educational expenses can be made at the Shariah court against the parent. There is no similar provision under the Law Reform Act, 19676. There are also other aspects in child’s maintenance that can be harmonised under the existing laws in Malaysia. Thus, the paper will deliberate the right of a child to maintenance in Shariah and Civil law. Relevant legal provisions as provided for under the Malaysian laws i.e., the Law Reform Act, 1976 and the Islamic Family Law Act/Enactment and the practice of the Malaysian courts deliberating this right of a child will be the focus of the paper. Cases decided at the Shariah and Civil Courts relating to the claim of child’s maintenance will be analysed to study the practice of it in Malaysia as well as its problems and restrictions. It is hoped that by analysing the current the legal provisions on child’s maintenance and its practice in Malaysia, suggestions and recommendations can be made to further improve this area of law. Hence, the right of a child to maintenance as provided for under the law will be safeguarded

    Harmonisation of Shari ‘ah and International law In Protecting the Rights of Orphans: special reference to Convention on the Rights of the Child 1989

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    This paper explores the importance of protecting children, especially orphans, who are considered valuable assets in human life. Children are an integral part of families and communities and a source of joy and happiness for their families and nations. Therefore, it is essential to safeguard them from all forms of harm and injustice. Islamic law provides a comprehensive legal system that aims to protect and promote the well-being of children, including orphans. This study investigates the specific provisions within Islamic law that address the rights of orphans and compares them with international legal documents, particularly the Convention on the Rights of the Child 1989 (the CRC). For this research, it explores several rights of orphans under the CRC and the Shari’ah, namely the rights to life, the rights to care and upbringing (kafalah), the rights to name and identity, the health rights, the rights to education and the rights to profess a religion. The research will further examine the extent of harmonisation between these two legal systems while also identifying their differences. The research methodology is primarily qualitative, relying on a doctrinal approach and utilizing primary and secondary sources in the library. The expected outcome of this research is to identify common principles regarding protecting orphans' rights, as outlined in Islamic law (the Shari’ah) and international conventions. Additionally, the study will propose potential avenues for harmonising these two legal systems in relevant and necessary areas

    The role of competition as a mediator between financial liberalization and financial stability / Nur Afizah Muhamad Arifin … [et al.]

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    The shift from financial repression to financial liberalization causes cross-border capital flows and brought dramatic changes to the financial sector. In this regard, the financial sectors, acts as financial intermediary which plays a significant role in mobilizing funds between surplus and deficit units. Furthermore, financial liberalization creates higher competition and could have negative impact towards financial stability due to excessive risk taking. This study’s research model focuses on examining the impact of competition on the relationship between financial liberalization and financial stability. This model was analyzed by using the PLS-SEM and it was found that the measurement model explains 19% of the substantial amount of variance in financial stability. Based on this finding, this study will theoretically contribute in extending the competition stability view and competition fragility view as determiners of financial stability. Based on the empirical results, it can be concluded that in the presence of competition, financial liberalization has a significant effect on financial stabilit

    The role of competition as a mediator between financial liberalization and financial stability / Nur Afizah Muhamad Arifin … [et al.]

    Get PDF
    The shift from financial repression to financial liberalization causes cross-border capital flows and brought dramatic changes to the financial sector. In this regard, the financial sectors, acts as financial intermediary which plays a significant role in mobilizing funds between surplus and deficit units. Furthermore, financial liberalization creates higher competition and could have negative impact towards financial stability due to excessive risk taking. This study’s research model focuses on examining the impact of competition on the relationship between financial liberalization and financial stability. This model was analyzed by using the PLS-SEM and it was found that the measurement model explains 19% of the substantial amount of variance in financial stability. Based on this finding, this study will theoretically contribute in extending the competition stability view and competition fragility view as determiners of financial stability. Based on the empirical results, it can be concluded that in the presence of competition, financial liberalization has a significant effect on financial stabilit
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