Pub Date : 2023-05-17DOI: 10.31436/iiumlj.v31i1.845
Prof. Dr. Farid Sufian Shuaib, Assoc. Prof. Dr. Zuraidah Ali
Integrity and Fairness in the Pursuit of Justice
追求正义的诚信与公平
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Pub Date : 2023-05-16DOI: 10.31436/iiumlj.v31i1.786
Jing Zhi Wong
This case note provides a critique of the ‘Social Legislation’ purpose of the Strata Management Act 2013 identified in Innab Salil & Ors v Verve Suites Mont’ Kiara [2020] 12 MLJ 16 (‘Verve Suites’). This case note suggests that the ‘social legislation’ purpose identified in Verve Suites achieved two purposes. First, it identified the Act’s broad legislative purpose and guided its statutory interpretation. Second, it provided a normative rationale which justified why it should be read as taking precedence over other legislation. However, it is suggested that the words ‘social legislation’ applied to the Strata Management Act 2013 may be a misnomer. It is proposed that the Federal Court should reconsider a restatement of its findings on the ‘social legislation’ purpose of the Strata Management Act 2013.
{"title":"CRITIQUE OF THE STRATA MANAGEMENT ACT’S ‘SOCIAL LEGISLATION’ PURPOSE IDENTIFIED IN INNAB SALIL v VERVE SUITES MONT’ KIARA [2020] 12 MLJ 16 (FC)","authors":"Jing Zhi Wong","doi":"10.31436/iiumlj.v31i1.786","DOIUrl":"https://doi.org/10.31436/iiumlj.v31i1.786","url":null,"abstract":"This case note provides a critique of the ‘Social Legislation’ purpose of the Strata Management Act 2013 identified in Innab Salil & Ors v Verve Suites Mont’ Kiara [2020] 12 MLJ 16 (‘Verve Suites’). This case note suggests that the ‘social legislation’ purpose identified in Verve Suites achieved two purposes. First, it identified the Act’s broad legislative purpose and guided its statutory interpretation. Second, it provided a normative rationale which justified why it should be read as taking precedence over other legislation. However, it is suggested that the words ‘social legislation’ applied to the Strata Management Act 2013 may be a misnomer. It is proposed that the Federal Court should reconsider a restatement of its findings on the ‘social legislation’ purpose of the Strata Management Act 2013.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45164363","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-16DOI: 10.31436/iiumlj.v31i1.837
Nik Ahmad Kamal Nik Mahmood
In 2021, Transparency International ranked Malaysia 62 out of 180 countries in the world, and the perceived level of corruption in the public sector was recorded at 63.30% as compared to 17.06% in the private sector. Historically, the effort to prevent corruption in Malaysia began in 1950 with the introduction of the Prevention of Corruption Ordinance (POCO) 1950 to replace the previous laws of the Federated Malays States (Enactment No. 23 of 1938), the State of Johore (Johore Enactment No. 14 of 1940) and the former Straits Settlements (Straits Settlements Ordinance No. 14 of 1937). Applying doctrinal research and adopting a historical and descriptive approach, the paper seeks to describe the history of the anti-corruption law and agencies created before and after independence focusing on the agencies’ organisational and structural development. There is also a brief discussion on the late Tan Sri Harun Mahmud Hashim who helmed the anti-corruption agency. Since independence, the government had tirelessly carried out efforts to combat corruption with the formation of the Criminal Investigation Department (Special Crime) and the Anti-Corruption Section (ACS) and then consolidated into one body called the Anti-Corruption Agency (ACA) with the passing of the Anti-Corruption Agency Act 1982. In 2008, the government unanimously approved the establishment of the Malaysian Anti-Corruption Commission (MACC) by replacing the ACA Act 1997 with the Malaysia Anti-Corruption Commission Act 2009, which came into effect on 1 January 2009. The MACC became an independent, transparent, and professional body to effectively and efficiently manage the nation’s anti-corruption initiatives
2021年，透明国际将马来西亚列为世界180个国家中的62个，公共部门的腐败程度为63.30%，而私营部门为17.06%。从历史上看，马来西亚防止腐败的努力始于1950年，当时引入了1950年《防止腐败条例》（POCO），以取代马来联邦（1938年第23号法令）、柔佛州（1940年第14号法令）和前海峡殖民地（1937年第14条海峡殖民地法令）的先前法律。本文运用理论研究，采用历史和描述性的方法，试图描述独立前后反腐败法和机构的历史，重点关注机构的组织和结构发展。还简要讨论了已故反腐败机构负责人Tan Sri Harun Mahmud Hashim。自独立以来，政府不懈地努力打击腐败，成立了刑事调查部（特别犯罪）和反腐败科，然后通过了1982年《反腐败机构法》，将其合并为一个名为反腐败机构的机构。2008年，政府一致批准成立马来西亚反腐败委员会（MACC），用2009年1月1日生效的《2009年马来西亚反贪委员会法》取代1997年《反腐败委员会法》。MACC成为一个独立、透明和专业的机构，有效管理国家的反腐败举措
{"title":"FIGHTING THE MENACE OF THE SOCIETY: PURSUING THE CORRUPTS","authors":"Nik Ahmad Kamal Nik Mahmood","doi":"10.31436/iiumlj.v31i1.837","DOIUrl":"https://doi.org/10.31436/iiumlj.v31i1.837","url":null,"abstract":"In 2021, Transparency International ranked Malaysia 62 out of 180 countries in the world, and the perceived level of corruption in the public sector was recorded at 63.30% as compared to 17.06% in the private sector. Historically, the effort to prevent corruption in Malaysia began in 1950 with the introduction of the Prevention of Corruption Ordinance (POCO) 1950 to replace the previous laws of the Federated Malays States (Enactment No. 23 of 1938), the State of Johore (Johore Enactment No. 14 of 1940) and the former Straits Settlements (Straits Settlements Ordinance No. 14 of 1937). Applying doctrinal research and adopting a historical and descriptive approach, the paper seeks to describe the history of the anti-corruption law and agencies created before and after independence focusing on the agencies’ organisational and structural development. There is also a brief discussion on the late Tan Sri Harun Mahmud Hashim who helmed the anti-corruption agency. Since independence, the government had tirelessly carried out efforts to combat corruption with the formation of the Criminal Investigation Department (Special Crime) and the Anti-Corruption Section (ACS) and then consolidated into one body called the Anti-Corruption Agency (ACA) with the passing of the Anti-Corruption Agency Act 1982. In 2008, the government unanimously approved the establishment of the Malaysian Anti-Corruption Commission (MACC) by replacing the ACA Act 1997 with the Malaysia Anti-Corruption Commission Act 2009, which came into effect on 1 January 2009. The MACC became an independent, transparent, and professional body to effectively and efficiently manage the nation’s anti-corruption initiatives","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48751300","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-16DOI: 10.31436/iiumlj.v31i1.822
Mahyuddin Daud, Norlaili Mat Isa
A healthy community requires the fulfilment of basic needs, such as accommodation, food, financial, environmental sustainability, and social justice. In this regard, the Malaysian Government launched the National Community Policy, among others, to promote access to a healthy lifestyle. Despite the existence of such a policy, there exists issues and challenges in providing adequate housing in Malaysia, which affects access to a healthy lifestyle in the community. Literature and content research on different platforms from previous reports, articles and mass media provide an overview of the need for sports community policy as a sustainable development objective for affordable housing programmes. The research will be restricted to the international and local policies applicable in recognising the right to a healthy community. This paper concludes that sports facilities should be assimilated into affordable housing programmes in fostering sustainability.
{"title":"NURTURING SUSTAINABLE COMMUNITIES IN AFFORDABLE HOUSING PROGRAMMES AND POLICY IN MALAYSIA","authors":"Mahyuddin Daud, Norlaili Mat Isa","doi":"10.31436/iiumlj.v31i1.822","DOIUrl":"https://doi.org/10.31436/iiumlj.v31i1.822","url":null,"abstract":"A healthy community requires the fulfilment of basic needs, such as accommodation, food, financial, environmental sustainability, and social justice. In this regard, the Malaysian Government launched the National Community Policy, among others, to promote access to a healthy lifestyle. Despite the existence of such a policy, there exists issues and challenges in providing adequate housing in Malaysia, which affects access to a healthy lifestyle in the community. Literature and content research on different platforms from previous reports, articles and mass media provide an overview of the need for sports community policy as a sustainable development objective for affordable housing programmes. The research will be restricted to the international and local policies applicable in recognising the right to a healthy community. This paper concludes that sports facilities should be assimilated into affordable housing programmes in fostering sustainability.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46194683","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-16DOI: 10.31436/iiumlj.v31i1.838
Najibah Md Zin, Khadijah Mohd Najid
This article will provide an insight into the colourful journey of Tan Sri Harun Hashim – his life experience, education background, his distinguished career path and achievements as well as contributions made especially to the education sector and the legal profession. It is also an attempt to provide a glimpse of the other side of Tan Sri Harun Hashim, off the limelight – as a father, a grandfather, a mentor and a friend, as he left his footprints firmly etched in the memory of his loved ones. This research employs a qualitative method focusing on in-depth interviews as well as a comprehensive analysis of relevant books, articles, newspaper reports and documentations. In this article, fragments from the colourful journey of Tan Sri Harun Hashim come from stories narrated through interviews with those who were close to him and had personal encounters with Tan Sri while some other information is extracted from his well-known column, “The Benchmark”, appearing in the New Straits Times from 1994 until his demise in 2003. “The Benchmark” provided useful insights into the ideals and aspirations of Tan Sri, and relayed some first-hand information on his life journey and extraordinary experiences. Some information on Tan Sri’s personal life is gathered from exclusive interviews with Tan Sri’s family members themselves, conducted by the authors and Hisham Harun, Tan Sri Harun’s son. This article aims at offering a unique biography of Tan Sri Harun Hashim who was known to be a gem to the nation, especially in the legal and education sectors in Malaysia. It is an effort to highlight and set in stone the legacy left by him so that it becomes a benchmark for the younger generations to follow and emulate.
{"title":"THE LIFE OF TAN SRI HARUN M. HASHIM: A MEMOIR","authors":"Najibah Md Zin, Khadijah Mohd Najid","doi":"10.31436/iiumlj.v31i1.838","DOIUrl":"https://doi.org/10.31436/iiumlj.v31i1.838","url":null,"abstract":"This article will provide an insight into the colourful journey of Tan Sri Harun Hashim – his life experience, education background, his distinguished career path and achievements as well as contributions made especially to the education sector and the legal profession. It is also an attempt to provide a glimpse of the other side of Tan Sri Harun Hashim, off the limelight – as a father, a grandfather, a mentor and a friend, as he left his footprints firmly etched in the memory of his loved ones. This research employs a qualitative method focusing on in-depth interviews as well as a comprehensive analysis of relevant books, articles, newspaper reports and documentations. In this article, fragments from the colourful journey of Tan Sri Harun Hashim come from stories narrated through interviews with those who were close to him and had personal encounters with Tan Sri while some other information is extracted from his well-known column, “The Benchmark”, appearing in the New Straits Times from 1994 until his demise in 2003. “The Benchmark” provided useful insights into the ideals and aspirations of Tan Sri, and relayed some first-hand information on his life journey and extraordinary experiences. Some information on Tan Sri’s personal life is gathered from exclusive interviews with Tan Sri’s family members themselves, conducted by the authors and Hisham Harun, Tan Sri Harun’s son. This article aims at offering a unique biography of Tan Sri Harun Hashim who was known to be a gem to the nation, especially in the legal and education sectors in Malaysia. It is an effort to highlight and set in stone the legacy left by him so that it becomes a benchmark for the younger generations to follow and emulate.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45794848","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-16DOI: 10.31436/iiumlj.v31i1.827
Abdul Jamil, Farid Sufian Bin Shuaib, Dodik Setiawan Nur Heriyanto
The Sharia Arbitration Board (Basyarnas) in Indonesia was formed to resolve disputes arising from agreements that are based on Islamic law. The existence of this body is essential in Indonesia, considering that the majority of the Indonesian Moslem community has begun to develop and utilize a Sharia-based economic system. During the current economic globalization, it is possible that foreign elements come into play in economic relationships. Thus, in the event of a dispute, the prevailing party must be able to use a Basyarnas arbitration award for enforcement and execution in the country where the losing party's assets are stored. By using a normative legal research method, this paper examines the efficacy of Basyarnas arbitration awards recognition and enforcement, particularly in countries with common law systems. Under the New York Convention on the Enforcement of Foreign Arbitral Awards, Basyarnas arbitration awards should not only be recognized and enforced in the court of the country of origin but also in jurisdictions where the losing parties’ assets located. This study concludes that Basyarnas arbitration awards should also be recognized and enforced in the countries with common law systems, because Sharia law is contrary to public policy in domestic law in the enforcing state. Hence, Basyarnas arbitration awards can be recognized in other countries if the award does not conflict with public policy in the enforcing state.
{"title":"RECOGNITION AND ENFORCEMENT OF INDONESIAN SHARIA ARBITRATION AWARDS IN FOREIGN COUNTRIES: CHALLENGES AND OPPORTUNITIES","authors":"Abdul Jamil, Farid Sufian Bin Shuaib, Dodik Setiawan Nur Heriyanto","doi":"10.31436/iiumlj.v31i1.827","DOIUrl":"https://doi.org/10.31436/iiumlj.v31i1.827","url":null,"abstract":"The Sharia Arbitration Board (Basyarnas) in Indonesia was formed to resolve disputes arising from agreements that are based on Islamic law. The existence of this body is essential in Indonesia, considering that the majority of the Indonesian Moslem community has begun to develop and utilize a Sharia-based economic system. During the current economic globalization, it is possible that foreign elements come into play in economic relationships. Thus, in the event of a dispute, the prevailing party must be able to use a Basyarnas arbitration award for enforcement and execution in the country where the losing party's assets are stored. By using a normative legal research method, this paper examines the efficacy of Basyarnas arbitration awards recognition and enforcement, particularly in countries with common law systems. Under the New York Convention on the Enforcement of Foreign Arbitral Awards, Basyarnas arbitration awards should not only be recognized and enforced in the court of the country of origin but also in jurisdictions where the losing parties’ assets located. This study concludes that Basyarnas arbitration awards should also be recognized and enforced in the countries with common law systems, because Sharia law is contrary to public policy in domestic law in the enforcing state. Hence, Basyarnas arbitration awards can be recognized in other countries if the award does not conflict with public policy in the enforcing state.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45715689","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-16DOI: 10.31436/iiumlj.v31i1.800
Zati Ilham Abdul Manaf, Khadijah Binti Mohd Najid, Muhammad Amrullah Bin Drs Nasrul, Najhan Bin Muhamad Ibrahim
Waqf, an Islamic social finance instrument, can be a tool for sustainable economic development if efficiently managed and optimally implemented. As more states in Malaysia seek to improve the governance and administrative responsibilities of their Waqf trustees through a regulatory framework, this article aims to propose statutory amendments that emphasise the principles of integrity and fairness in the pursuit of justice, ultimately improving the governance and administrative responsibilities of Waqf administrators in Malaysia. Using qualitative and comparative legal analysis, this study compares the duties of trustees under the Trustee Act of 1949 with those of Mutawalli and Nazhirs in selected Waqf enactments to provide insights for perfecting the current Waqf laws in Malaysia. The findings suggest that there is room for improvement in terms of administration and governance, and the provisions of the Trustee Act of 1949 can serve as a useful reference.
{"title":"OPTIMISING WAQF LAW FOR EFFECTIVE ADMINISTRATION: A COMPARATIVE ANALYSIS OF THE TRUSTEE ACT 1949 AND STATE WAQF ENACTMENTS","authors":"Zati Ilham Abdul Manaf, Khadijah Binti Mohd Najid, Muhammad Amrullah Bin Drs Nasrul, Najhan Bin Muhamad Ibrahim","doi":"10.31436/iiumlj.v31i1.800","DOIUrl":"https://doi.org/10.31436/iiumlj.v31i1.800","url":null,"abstract":"Waqf, an Islamic social finance instrument, can be a tool for sustainable economic development if efficiently managed and optimally implemented. As more states in Malaysia seek to improve the governance and administrative responsibilities of their Waqf trustees through a regulatory framework, this article aims to propose statutory amendments that emphasise the principles of integrity and fairness in the pursuit of justice, ultimately improving the governance and administrative responsibilities of Waqf administrators in Malaysia. Using qualitative and comparative legal analysis, this study compares the duties of trustees under the Trustee Act of 1949 with those of Mutawalli and Nazhirs in selected Waqf enactments to provide insights for perfecting the current Waqf laws in Malaysia. The findings suggest that there is room for improvement in terms of administration and governance, and the provisions of the Trustee Act of 1949 can serve as a useful reference.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":"1 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43716728","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-16DOI: 10.31436/iiumlj.v31i1.834
Noor Shuhadawati Mohamad Amin
Collective bargaining forms an integral part of a trade union. In Malaysia, workers are protected under the relevant employment legislations that provide basic minimum rights. Although Malaysia’s freedom of association is embodied in the Federal Constitution, the rights of the gig economy workers, more often than not, are neglected. This is evident from the exclusion of this category of workers from the definition stated in the employment legislations. With this exclusion, gig economy workers are denied from establishing and joining a trade union. This subsequently unable them to have collective bargaining powers that resulted in the exploitation of their rights. The method adopted in this study is doctrinal in nature by analysing various employment related legislations and international conventions relating to trade union and collective bargaining and decided cases. It has been revealed that the weak definition of workmen impedes the right of workers in the gig economy to form a trade union. Based on the shortcoming identified, it is understood that the government plays a critical role in helping these workers to overcome barriers through strengthening the available legislations. This study proposed for gig economy workers to utilise other avenues currently available in other countries with the hope that collective agreement, non-binding agreement and application-based society exclusively for gig economy workers that could eventually lead to the forming of a trade union.
{"title":"BALANCING THE RIGHT OF GIG ECONOMY WORKERS IN THE CONTEXT OF COLLECTIVE BARGAINING","authors":"Noor Shuhadawati Mohamad Amin","doi":"10.31436/iiumlj.v31i1.834","DOIUrl":"https://doi.org/10.31436/iiumlj.v31i1.834","url":null,"abstract":"Collective bargaining forms an integral part of a trade union. In Malaysia, workers are protected under the relevant employment legislations that provide basic minimum rights. Although Malaysia’s freedom of association is embodied in the Federal Constitution, the rights of the gig economy workers, more often than not, are neglected. This is evident from the exclusion of this category of workers from the definition stated in the employment legislations. With this exclusion, gig economy workers are denied from establishing and joining a trade union. This subsequently unable them to have collective bargaining powers that resulted in the exploitation of their rights. The method adopted in this study is doctrinal in nature by analysing various employment related legislations and international conventions relating to trade union and collective bargaining and decided cases. It has been revealed that the weak definition of workmen impedes the right of workers in the gig economy to form a trade union. Based on the shortcoming identified, it is understood that the government plays a critical role in helping these workers to overcome barriers through strengthening the available legislations. This study proposed for gig economy workers to utilise other avenues currently available in other countries with the hope that collective agreement, non-binding agreement and application-based society exclusively for gig economy workers that could eventually lead to the forming of a trade union.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43925769","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-16DOI: 10.31436/iiumlj.v31i1.828
Hafidz Hakimi Haron, Nadiah Arsat, Muhammad Ashraf Fauzi
For hundreds of years, vaccines have been a critical tool in the prevention of viral diseases. Vaccination programmes have gained prominence as one of the primary strategies for combating the COVID-19 pandemic. Despite this, COVID-19 vaccination programmes have frequently been viewed negatively by many. This is evident by the fact that vaccine hesitancy continues to grow at an unprecedented rate which is much facilitated by the rapid growth of communication and information technology. Despite the fact that vaccines and vaccinations are considered medical products, the difficulties they present are socio-legal in nature. The study examines four major factors that contribute to COVID-19 vaccine hesitancy in Malaysia namely compulsory vaccination and adverse event following vaccination (AEFI), information disclosure, misleading religious beliefs and sentiments, and misinformation and disinformation. It should be noted that, the identification and discussion of the factors mentioned above are vital as the failure of any future vaccination campaigns resulting from vaccine hesitancy would pose a huge threat to achieve the United Nations' Sustainable Goals (UNSDG), especially in respect of good health and sustainable economic growth. Therefore, for the purpose of this research, the paper adopts qualitative research approach to achieve its objectives. The paper recommends that the Malaysian vaccination legal framework be strengthened.
{"title":"COVID-19 VACCINE HESITANCY IN MALAYSIA: CHALLENGES WITHIN THE LAW AND WAY FORWARD","authors":"Hafidz Hakimi Haron, Nadiah Arsat, Muhammad Ashraf Fauzi","doi":"10.31436/iiumlj.v31i1.828","DOIUrl":"https://doi.org/10.31436/iiumlj.v31i1.828","url":null,"abstract":"For hundreds of years, vaccines have been a critical tool in the prevention of viral diseases. Vaccination programmes have gained prominence as one of the primary strategies for combating the COVID-19 pandemic. Despite this, COVID-19 vaccination programmes have frequently been viewed negatively by many. This is evident by the fact that vaccine hesitancy continues to grow at an unprecedented rate which is much facilitated by the rapid growth of communication and information technology. Despite the fact that vaccines and vaccinations are considered medical products, the difficulties they present are socio-legal in nature. The study examines four major factors that contribute to COVID-19 vaccine hesitancy in Malaysia namely compulsory vaccination and adverse event following vaccination (AEFI), information disclosure, misleading religious beliefs and sentiments, and misinformation and disinformation. It should be noted that, the identification and discussion of the factors mentioned above are vital as the failure of any future vaccination campaigns resulting from vaccine hesitancy would pose a huge threat to achieve the United Nations' Sustainable Goals (UNSDG), especially in respect of good health and sustainable economic growth. Therefore, for the purpose of this research, the paper adopts qualitative research approach to achieve its objectives. The paper recommends that the Malaysian vaccination legal framework be strengthened.\u0000 ","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46359126","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-16DOI: 10.31436/iiumlj.v31i1.833
F. Mahmud
This article is a preliminary review of the prevailing approaches of constitutional interpretation applied in the notable judgments by the Malaysian Apex court. The application of various constitutional interpretive approaches by the Malaysian judiciary varies according to various theories and canons of interpretation. For the purpose of this review, a qualitative method is employed through doctrinal analysis and case studies. It is discovered that the application of the various approaches does not always correspond to the philosophy underlying them. Such inconsistency in the understanding of the approaches and their application can cause distortion in the jurisprudence of interpreting the Constitution. This article concludes by offering practical insights regarding Malaysian jurisprudence in constitutional interpretation. It is hoped that this brief comparative narrative will be advantageous as a preliminary discourse to encourage further research on the topic.
{"title":"A REVIEW OF THE MALAYSIAN JURISPRUDENCE OF CONSTITUTIONAL INTERPRETATION","authors":"F. Mahmud","doi":"10.31436/iiumlj.v31i1.833","DOIUrl":"https://doi.org/10.31436/iiumlj.v31i1.833","url":null,"abstract":"This article is a preliminary review of the prevailing approaches of constitutional interpretation applied in the notable judgments by the Malaysian Apex court. The application of various constitutional interpretive approaches by the Malaysian judiciary varies according to various theories and canons of interpretation. For the purpose of this review, a qualitative method is employed through doctrinal analysis and case studies. It is discovered that the application of the various approaches does not always correspond to the philosophy underlying them. Such inconsistency in the understanding of the approaches and their application can cause distortion in the jurisprudence of interpreting the Constitution. This article concludes by offering practical insights regarding Malaysian jurisprudence in constitutional interpretation. It is hoped that this brief comparative narrative will be advantageous as a preliminary discourse to encourage further research on the topic.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44891909","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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