52 research outputs found

    Conversion from English deeds system to Torrens system of title registration in Penang and Malacca: process and problems

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    This research was aimed at examining the process of converting the land administration system prevalent in Penang and Malacca to the Torrens System enforce in the rest of the Peninsular Malaysian states. The introduction of the Torrens system to the states of Penang and Malacca where the English deeds system was the system of land administration, despite the implementation of the Torrens system of land administration in all the other Malay states had to be made progressively. This is because until independence the land tenure system in the two states introduced by the British colonial masters remained unchanged. The research will examine the significant provisions of the National Land Code (Penang and Malacca) Titles Act 1963 that was enacted to facilitate the conversion process. Finally the research will identify what are the processes undertaken to facilitate the conversion and the problems or challenges faced by the land administration authorities in the course of conversion

    Islamic principles on sustainable land use planning and development

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    Rapid development globally has caused various environmental problems and impacted adversely on the world's natural resources. The United Nations promoted the concept of sustainable development to overcome environmental degradation arising from poorly planned development activities and exploitation of natural resources. However, the not much progress has been achieved in terms of overcoming environmental problems globally despite committing the efforts and resources. The Qur'an has addressed the need to protect the environment and man is prevented from destroying the earth's resources. This article explores the basic principles governing land use planning and environmental protection derived and practised by the Muslim Jurists as provided by Shari'ah (Islamic Law) and its relevance in achieving sustainable development goals. Manifestation of religious values in the land use planning system is examined via introduction and implementation of the Total Planning and Development Doctrine as a planning guideline in Malaysia as a case study

    Legal Framework for Establishing Regional Planning Authority for Malaysia

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    The idea that local authorities should be the ones determining the affairs of their local authority areas is an engrained rule in the structure of the Malaysian style of government. Historically, the local government has been responsible for shaping the development of urban and rural land use, transportation plans and various other land development issues within the boundary of its local authority areas. Recently, concepts such as โ€œsmart growthโ€, โ€œnew regionalismโ€, โ€œnew urbanismโ€ or โ€œmetropolitan planningโ€ have been gaining prominence amongst planners globally and appear to be challenging the local authorityโ€™s decision-making powers. Regional planning has gained prominence since it promotes effective and efficient use of resources and reduces regional imbalances and poverty, and achieves sustainable development. The Malaysian legislature has provided for the legal framework for establishing regional planning authority principally for purposes of promoting sound growth in many regions in the country. This paper seeks to analyse the related provision and the challenges posed to the government in establishing a regional planning authority and make suggestions to overcome such challenges

    Mediation and interreligious discourse: prospects and challenges in resolving interreligious skirmishes in Malaysia

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    This article aims to promote mediation as an alternative dispute resolution mechanism to deal with interreligious skirmishes taking place in Malaysia. This is in view of the increasing statistics of interreligious disputes reported in the media. The reason for recommending interreligious mediation is due to its constructive nature in peacebuilding initiatives and its successful stories across the globe. The article discusses the potential actors of religious mediators and their requirements as well as the processes and conditions for a successful mediation. The article also highlights the need for certified training to make a credible mediator. Using mainly textual research, the article managed to gather and analyse the meaning and concept, historical background and the structure of mediation. Since mediation is new in Malaysia, the article found that the governmentโ€™s role is crucial in its institutionalization; hence the article proposes that the Ministry of National Unity leads the initiative

    Malaysia

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