While domestic violence in a marriage is commonly associated with physical and mental abuse, there has been an increasing number of cases involving financial abuse in the form of financial control, financial deprivation, sabotage, and exploitation of the spouse’s financial resources. This study aims to conceptualise financial abuse from the Domestic Violence Act 1994 perspective. The study explores the role of Islamic financial institutions (IFIs) in overcoming this issue and providing several recommendations to help the abused women from financial perspective. This study examines relevant laws, policy and regulations in Malaysia that may provide some sort of financial protection to those women. A critical analysis of the laws and policy is important as a starting point in protecting women who are facing this financial difficulty. Based on the research conducted, it is believed that IFIs can play an effective role in assisting financially abused victims. This study is only limited to the Malaysian domestic violence situation but can be further extended through a more comprehensive empirical legal research. Findings of this study could serve as a guide for policymakers, Shari’ah Court, and related government agencies (such as the Department of Social Welfare Malaysia) as well as the IFIs to assist women who are affected by financial abuse.
{"title":"FINANCIAL ABUSE IN DOMESTIC VIOLENCE: HOW CAN ISLAMIC FINANCIAL INSTITUTIONS PLAY THEIR ROLE?","authors":"Syarah Syahira Mohd Yusoff, Salina Kassim, Farah Farhana Jauhari, Ieman Huda Adnan","doi":"10.31436/iiumlj.v30is2.775","DOIUrl":"https://doi.org/10.31436/iiumlj.v30is2.775","url":null,"abstract":"While domestic violence in a marriage is commonly associated with physical and mental abuse, there has been an increasing number of cases involving financial abuse in the form of financial control, financial deprivation, sabotage, and exploitation of the spouse’s financial resources. This study aims to conceptualise financial abuse from the Domestic Violence Act 1994 perspective. The study explores the role of Islamic financial institutions (IFIs) in overcoming this issue and providing several recommendations to help the abused women from financial perspective. This study examines relevant laws, policy and regulations in Malaysia that may provide some sort of financial protection to those women. A critical analysis of the laws and policy is important as a starting point in protecting women who are facing this financial difficulty. Based on the research conducted, it is believed that IFIs can play an effective role in assisting financially abused victims. This study is only limited to the Malaysian domestic violence situation but can be further extended through a more comprehensive empirical legal research. Findings of this study could serve as a guide for policymakers, Shari’ah Court, and related government agencies (such as the Department of Social Welfare Malaysia) as well as the IFIs to assist women who are affected by financial abuse.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44140732","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 : 2022-11-12DOI: 10.31436/iiumlj.v30is2.772
Mohamed Shujau, Rusni Hassan, Syarah Syahira Mohd Yusoff, Aishath Muneeza
This study analyses legal and regulatory framework of Islamic capital market (ICM) in the Maldives to find out the legal reform required to further develop ICM in the country. The regulatory authority for ICM in the Maldives is the Capital Market Development Authority which has set up an apex Shari’ah Advisory Council to seek advice on Shari’ah related matters and has enacted the regulations required for ICM. This study adopts doctrinal legal research and qualitative study using the content analysis approach. It is imperative to note that only limited research has been found on the subject and as such, it is anticipated that findings of this research will assist the policymakers to understand the legal reform required to further strengthen ICM in the Maldives. Findings of this study reveal that there is a need to amend the Securities Act (2006) to recognize Shari’ah Advisory Council for capital markets as a statutory body. The findings suggest the Shari’ah Advisory Council to make their decision binding, and the regulations enacted for ICM need to be amended considering the existing hiccups and challenges faced.
本研究分析了马尔代夫伊斯兰资本市场(ICM)的法律和监管框架，以找出该国进一步发展ICM所需的法律改革。马尔代夫ICM的监管机构是资本市场发展局(Capital Market Development authority)，该机构设立了一个最高伊斯兰教法咨询委员会，就伊斯兰教法相关事宜征求意见，并制定了ICM所需的法规。本研究采用法学理论研究和内容分析的定性研究相结合的方法。必须指出的是，关于这一主题的研究非常有限，因此，预计这项研究的结果将有助于决策者了解进一步加强马尔代夫ICM所需的法律改革。本研究的结果表明，有必要修改证券法(2006)，以承认伊斯兰教法咨询委员会为资本市场的法定机构。研究结果表明，伊斯兰教法咨询委员会应使其决定具有约束力，针对ICM制定的法规需要进行修订，考虑到现有的问题和面临的挑战。
{"title":"ISLAMIC CAPITAL MARKET IN MALDIVES: A REFORM-ORIENTED ANALYSIS","authors":"Mohamed Shujau, Rusni Hassan, Syarah Syahira Mohd Yusoff, Aishath Muneeza","doi":"10.31436/iiumlj.v30is2.772","DOIUrl":"https://doi.org/10.31436/iiumlj.v30is2.772","url":null,"abstract":"This study analyses legal and regulatory framework of Islamic capital market (ICM) in the Maldives to find out the legal reform required to further develop ICM in the country. The regulatory authority for ICM in the Maldives is the Capital Market Development Authority which has set up an apex Shari’ah Advisory Council to seek advice on Shari’ah related matters and has enacted the regulations required for ICM. This study adopts doctrinal legal research and qualitative study using the content analysis approach. It is imperative to note that only limited research has been found on the subject and as such, it is anticipated that findings of this research will assist the policymakers to understand the legal reform required to further strengthen ICM in the Maldives. Findings of this study reveal that there is a need to amend the Securities Act (2006) to recognize Shari’ah Advisory Council for capital markets as a statutory body. The findings suggest the Shari’ah Advisory Council to make their decision binding, and the regulations enacted for ICM need to be amended considering the existing hiccups and challenges faced.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46301336","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 : 2022-11-12DOI: 10.31436/iiumlj.v30is2.755
Nik Anis Idayu Nik Abdullah, Razali Haron
Environmental, Social, and Governance (ESG) or sustainability reporting have considerably increased in the last decades. The year 2020 marks a turning point in the United Nations' (UN) 2030 Agenda. The Sustainable Development Goals (SDGs) have created new expectations and gained support among corporate actors who rely on well-informed, timely, and strategically positioned markets. In recent years, research in sustainability practices has expanded globally. However, the banking industry received less attention from the academics since banks are generally not considered the main contributor to sustainability problems. Contrary to this, ESG and Islamic finance are under increasing academic attention, with the latter predicted to be more sensitive to sustainability due to its founding principles. Currently, the global Islamic asset under management (AUM) has increased by 2.3 times in the last decade to reach US$140 billion by the end of 2020. Using the library-based research methodology, this research aims to provide a comprehensive overview of ESG reporting in Islamic banks from a global perspective. Based on this analysis, it is argued that Islamic banks lack sufficient investment in ESG-friendly initiatives. A brief discussion on the classification of ESG components and analysis of key frameworks and guidelines are provided to understand the regulatory framework that governs ESG practices. The article concludes with a recommendation for the necessary actions that can be adopted to enhance ESG practices in Islamic banks to ensure that they remain relevant and competitive with conventional banks.
{"title":"ESG REPORTING PRACTICES AMONG ISLAMIC BANKS: A GLOBAL PERSPECTIVE","authors":"Nik Anis Idayu Nik Abdullah, Razali Haron","doi":"10.31436/iiumlj.v30is2.755","DOIUrl":"https://doi.org/10.31436/iiumlj.v30is2.755","url":null,"abstract":"Environmental, Social, and Governance (ESG) or sustainability reporting have considerably increased in the last decades. The year 2020 marks a turning point in the United Nations' (UN) 2030 Agenda. The Sustainable Development Goals (SDGs) have created new expectations and gained support among corporate actors who rely on well-informed, timely, and strategically positioned markets. In recent years, research in sustainability practices has expanded globally. However, the banking industry received less attention from the academics since banks are generally not considered the main contributor to sustainability problems. Contrary to this, ESG and Islamic finance are under increasing academic attention, with the latter predicted to be more sensitive to sustainability due to its founding principles. Currently, the global Islamic asset under management (AUM) has increased by 2.3 times in the last decade to reach US$140 billion by the end of 2020. Using the library-based research methodology, this research aims to provide a comprehensive overview of ESG reporting in Islamic banks from a global perspective. Based on this analysis, it is argued that Islamic banks lack sufficient investment in ESG-friendly initiatives. A brief discussion on the classification of ESG components and analysis of key frameworks and guidelines are provided to understand the regulatory framework that governs ESG practices. The article concludes with a recommendation for the necessary actions that can be adopted to enhance ESG practices in Islamic banks to ensure that they remain relevant and competitive with conventional banks.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47030584","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 : 2022-11-12DOI: 10.31436/iiumlj.v30is2.766
Razali Haron, M. Othman, Faaza Fakhrunnas, Naji Mansour Nomran
Shari'ah Supervisory Board (SSB) plays a crucial role in the Shari'ah governance (SG) and legal framework of Islamic banks. One of the main functions of SSB is to ensure that the products and services of Islamic banks conform to Shari'ah as set by the regulators. However, despite the essential role of SSB in the context of Shari'ah governance, bibliometric analysis in this topic is very limited. Therefore, the main objective of this study is to review the SSB and SG of Islamic banks to capture what has been done in this area of research and to suggest prospects for future research. Specifically, this study is to answer the following three research questions. First, how has SSB and SG research evolved and been disseminated; second, what key topics have been discussed in SSB and SG; and third, what are the characteristics of scientific collaborations in SSB and SG research between authors from various countries? This paper employed a systematic literature review (SLR) as its research methodology to identify the relevant studies, followed by a bibliometric analysis to gain insight into the role of SSB in the SG of IBs research and trends in its dissemination. This study finalised 148 publications between 2006 and 2022 upon screening the title and abstract using relevant keywords to address the research questions.
{"title":"SHARI'AH GOVERNANCE OF ISLAMIC BANKS: THE ROLE OF SHARI'AH SUPERVISORY BOARD - A BIBLIOMETRIC ANALYSIS","authors":"Razali Haron, M. Othman, Faaza Fakhrunnas, Naji Mansour Nomran","doi":"10.31436/iiumlj.v30is2.766","DOIUrl":"https://doi.org/10.31436/iiumlj.v30is2.766","url":null,"abstract":"Shari'ah Supervisory Board (SSB) plays a crucial role in the Shari'ah governance (SG) and legal framework of Islamic banks. One of the main functions of SSB is to ensure that the products and services of Islamic banks conform to Shari'ah as set by the regulators. However, despite the essential role of SSB in the context of Shari'ah governance, bibliometric analysis in this topic is very limited. Therefore, the main objective of this study is to review the SSB and SG of Islamic banks to capture what has been done in this area of research and to suggest prospects for future research. Specifically, this study is to answer the following three research questions. First, how has SSB and SG research evolved and been disseminated; second, what key topics have been discussed in SSB and SG; and third, what are the characteristics of scientific collaborations in SSB and SG research between authors from various countries? This paper employed a systematic literature review (SLR) as its research methodology to identify the relevant studies, followed by a bibliometric analysis to gain insight into the role of SSB in the SG of IBs research and trends in its dissemination. This study finalised 148 publications between 2006 and 2022 upon screening the title and abstract using relevant keywords to address the research questions.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48462930","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 : 2022-11-12DOI: 10.31436/iiumlj.v30is2.764
Muhammd Farras Hanif, Razali Haron
The main objectives of this study are two-fold. First, this study aims to review the research development on corporate governance (CG) and corporate social responsibility (CSR) in Islamic banks. Second, this study aims to identify the impact of CG on the CSR of Islamic banks. Several previous studies focused on CG and CSR in Islamic banks with empirical and theoretical approaches. Through a systematic literature review (SLR), 20 papers published in the Scopus database from 1997 to 2021 on the relationship between CG and CSR in Islamic banks were selected for analysis. The findings revealed that most of the research on CG and CSR in Islamic banks uses a quantitative approach to measure the level of CSR disclosure in the banks and the impact of CG on CSR disclosure. In addition, some evidence concludes that aspects of CG, such as the Shari’ah supervisory board (SSB), board of directors (BODs), and audit committee, positively or negatively influence CSR disclosure in Islamic banks. This study suggests that research on CG and CSR in Islamic banks still requires development on variables aspects, issues, and analysis development using other research methods such as qualitative approaches.
{"title":"CORPORATE GOVERNANCE AND CORPORATE SOCIAL RESPONSIBILITY IN ISLAMIC BANKS: A SYSTEMATIC LITERATURE REVIEW","authors":"Muhammd Farras Hanif, Razali Haron","doi":"10.31436/iiumlj.v30is2.764","DOIUrl":"https://doi.org/10.31436/iiumlj.v30is2.764","url":null,"abstract":"The main objectives of this study are two-fold. First, this study aims to review the research development on corporate governance (CG) and corporate social responsibility (CSR) in Islamic banks. Second, this study aims to identify the impact of CG on the CSR of Islamic banks. Several previous studies focused on CG and CSR in Islamic banks with empirical and theoretical approaches. Through a systematic literature review (SLR), 20 papers published in the Scopus database from 1997 to 2021 on the relationship between CG and CSR in Islamic banks were selected for analysis. The findings revealed that most of the research on CG and CSR in Islamic banks uses a quantitative approach to measure the level of CSR disclosure in the banks and the impact of CG on CSR disclosure. In addition, some evidence concludes that aspects of CG, such as the Shari’ah supervisory board (SSB), board of directors (BODs), and audit committee, positively or negatively influence CSR disclosure in Islamic banks. This study suggests that research on CG and CSR in Islamic banks still requires development on variables aspects, issues, and analysis development using other research methods such as qualitative approaches.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46843214","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 : 2022-07-07DOI: 10.31436/iiumlj.v30i1.648
Raphael Ren, T. Saw, S. Balan
Despite widespread recognition as a fundamental human right across common law and civil law jurisdictions, the right to privacy remains a novel concept yet to be fully defined in Malaysia. Due to the absence of written law, Malaysian courts remain starkly divided on whether the right to privacy can sustain a free-standing cause of action enforceable between individuals in civil actions distinct from trespass, nuisance and breach of confidence. To resolve this legal conundrum, this article examines the current state of Malaysian law in recognising invasion of privacy as an actionable tort based on conventional norms. Reference will be made to primary sources of law, i.e., the Federal Constitution, statutes, and judicial decisions, as well as secondary sources of law inclusive of scholarly writings and judicial decisions from foreign common law jurisdictions where laws on privacy have ripened, i.e. the US, UK, New Zealand, and Canada. The article consists of three parts. the first part provides a summary of normative values of privacy. Second, examination of the judicial decisions by the Malaysian Federal Court, Court of Appeal, and High Court on the right to privacy. Third, evaluation of alternative sources of written law and the common law tests to establish the tort of invasion of privacy. This article concludes that a fresh paradigm is required to develop the Malaysian legal framework on privacy to ensure coherence with its normative origins and consistency with the legal standards of other common law jurisdictions.
{"title":"IS THERE A PRIVATE RIGHT TO PRIVACY IN MALAYSIA?","authors":"Raphael Ren, T. Saw, S. Balan","doi":"10.31436/iiumlj.v30i1.648","DOIUrl":"https://doi.org/10.31436/iiumlj.v30i1.648","url":null,"abstract":"Despite widespread recognition as a fundamental human right across common law and civil law jurisdictions, the right to privacy remains a novel concept yet to be fully defined in Malaysia. Due to the absence of written law, Malaysian courts remain starkly divided on whether the right to privacy can sustain a free-standing cause of action enforceable between individuals in civil actions distinct from trespass, nuisance and breach of confidence. To resolve this legal conundrum, this article examines the current state of Malaysian law in recognising invasion of privacy as an actionable tort based on conventional norms. Reference will be made to primary sources of law, i.e., the Federal Constitution, statutes, and judicial decisions, as well as secondary sources of law inclusive of scholarly writings and judicial decisions from foreign common law jurisdictions where laws on privacy have ripened, i.e. the US, UK, New Zealand, and Canada. The article consists of three parts. the first part provides a summary of normative values of privacy. Second, examination of the judicial decisions by the Malaysian Federal Court, Court of Appeal, and High Court on the right to privacy. Third, evaluation of alternative sources of written law and the common law tests to establish the tort of invasion of privacy. This article concludes that a fresh paradigm is required to develop the Malaysian legal framework on privacy to ensure coherence with its normative origins and consistency with the legal standards of other common law jurisdictions.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45656956","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 : 2022-07-07DOI: 10.31436/iiumlj.v30i1.710
Noor Asyikeen Mohd Salleh, Sik Cheng Peng
The right to own property is an intrinsic human right that grants ownership and enjoyment to the landowners. The right to property is not absolute, however, because it is subject to the state's authority to acquire the private land. Land acquisition, as the term implies, is the power given to the state to acquire any privately owned land for a public purpose in consideration for adequate compensation.[1] Land acquisition is a critical development tool for the state to overcome the land scarcity when it is required to establish railways, airports or any infrastructure for the public good. On the other hand, land acquisition is a labourious process affecting a wide range of stakeholders. It often involves competing interests between the state (representing the general public) and impacted persons towards their private property. As a result, the land acquisition regime is ostensibly a way of balancing competing interests. However, many countries especially developing nations are having difficulties in striking a balance between public and private interests due to a lack of legal protection and a traditional top-down approach by the state's government branches.[2] This article analyses the approaches taken by the United States, Australia and Malaysia in maintaining the balance in land acquisition. The methodology employed in this study is primarily focused on comparative legal analysis. Present research has shown that, there is little attention given to the balance of rights between the public and private interests in Malaysian land acquisition laws. [1] Keith, Simon, Patrick McAuslan, Rachael Knight, Jonathon Lindsay, Paul Munro-Faure, David Palmer, and L. Spannenberg, "Compulsory acquisition of land and compensation," FAO Land Tenure Studies, 10 (2008): 7-8. [2] See generally, Ghimire, Subash, Arbind Tuladhar, and Sagar Raj Sharma. "Governance in land acquisition and compensation for infrastructure development." American Journal of Civil Engineering 5, no. 3 (2017): 169-178; Rose, Hadley, Frank Mugisha, Andrews Kananga, and Daniel Clay. "Implementation of Rwanda’s Expropriation Law and Its Outcomes on the Population." In Proceedings of the Annual World Bank Conference on Land and Poverty, Washington, DC, USA, (2016): 14-18.
拥有财产的权利是一项内在的人权，它赋予土地所有者所有权和享受权。然而，财产权不是绝对的，因为它受制于国家取得私有土地的权力。土地征用，顾名思义，是指国家有权为公共目的征用任何私人拥有的土地，并给予足够的补偿当需要建设铁路、机场或任何公共利益基础设施时，征地是国家克服土地短缺的关键发展工具。另一方面，土地征用是一个影响广泛利益相关者的艰苦过程。它通常涉及国家(代表公众)和受影响的个人对其私有财产的利益竞争。因此，土地征用制度表面上是平衡利益竞争的一种方式。然而，许多国家，特别是发展中国家，由于缺乏法律保护和国家政府部门传统的自上而下的方法，在平衡公共利益和私人利益方面存在困难本文分析了美国、澳大利亚和马来西亚在土地征收中保持平衡的做法。本研究采用的方法主要集中在比较法律分析上。目前的研究表明，在马来西亚的土地征用法中，很少关注公共利益和私人利益之间的权利平衡。bb1 Keith, Simon, Patrick mccauslan, Rachael Knight, jonathan Lindsay, Paul Munro-Faure, David Palmer和L. Spannenberg，“强制征用土地及其补偿”，粮农组织土地权属研究，2008,10:7-8一般来说，吉米，苏巴什，阿宾·图拉达尔和萨加尔·拉杰·夏尔马。“征地治理和基础设施建设补偿。”土木工程学报，第5期。3 (2017): 169-178;Rose, Hadley, Frank Mugisha, Andrews Kananga和Daniel Clay。“卢旺达征用法的实施及其对人民的影响。”见《世界银行土地与贫困年会论文集》，美国华盛顿，(2016):14-18。
{"title":"STRIKING THE RIGHT BALANCE BETWEEN PUBLIC AND PRIVATE INTERESTS IN LAND ACQUISITION: CONCEPTUAL FRAMEWORK AND POSITION IN UNITED STATES, AUSTRALIA AND MALAYSIA","authors":"Noor Asyikeen Mohd Salleh, Sik Cheng Peng","doi":"10.31436/iiumlj.v30i1.710","DOIUrl":"https://doi.org/10.31436/iiumlj.v30i1.710","url":null,"abstract":"The right to own property is an intrinsic human right that grants ownership and enjoyment to the landowners. The right to property is not absolute, however, because it is subject to the state's authority to acquire the private land. Land acquisition, as the term implies, is the power given to the state to acquire any privately owned land for a public purpose in consideration for adequate compensation.[1] Land acquisition is a critical development tool for the state to overcome the land scarcity when it is required to establish railways, airports or any infrastructure for the public good. On the other hand, land acquisition is a labourious process affecting a wide range of stakeholders. It often involves competing interests between the state (representing the general public) and impacted persons towards their private property. As a result, the land acquisition regime is ostensibly a way of balancing competing interests. However, many countries especially developing nations are having difficulties in striking a balance between public and private interests due to a lack of legal protection and a traditional top-down approach by the state's government branches.[2] This article analyses the approaches taken by the United States, Australia and Malaysia in maintaining the balance in land acquisition. The methodology employed in this study is primarily focused on comparative legal analysis. Present research has shown that, there is little attention given to the balance of rights between the public and private interests in Malaysian land acquisition laws.\u0000 \u0000[1] Keith, Simon, Patrick McAuslan, Rachael Knight, Jonathon Lindsay, Paul Munro-Faure, David Palmer, and L. Spannenberg, \"Compulsory acquisition of land and compensation,\" FAO Land Tenure Studies, 10 (2008): 7-8.\u0000[2] See generally, Ghimire, Subash, Arbind Tuladhar, and Sagar Raj Sharma. \"Governance in land acquisition and compensation for infrastructure development.\" American Journal of Civil Engineering 5, no. 3 (2017): 169-178; Rose, Hadley, Frank Mugisha, Andrews Kananga, and Daniel Clay. \"Implementation of Rwanda’s Expropriation Law and Its Outcomes on the Population.\" In Proceedings of the Annual World Bank Conference on Land and Poverty, Washington, DC, USA, (2016): 14-18.\u0000 \u0000 ","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47529057","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 : 2022-07-07DOI: 10.31436/iiumlj.v30i1.553
T. N. Alatise
An increase in industrial activities, especially in the oil and gas sector in Nigeria comes with the attendant rise in environmental abuses by multinational companies. Income from oil exploration is the major source of revenue for the Nigerian government. However, over the years, the activities of major oil companies in the oil-rich Niger Delta region have caused and continue to cause monumental damage to the local communities and indeed, the environment. Efforts by successive administrations to address this issue have yielded few results. This development means that victims of environmental abuse and indeed environmental activists have only the court to approach for any remedy. In Nigeria, it is only the Federal High Court that has exclusive jurisdiction to entertain any dispute arising from mines and minerals, including oil and gas exploration. Apart from the significant delay occasioned by congestion of cases, the composition of the Federal High Court has no regard for expert personnel in environmental science who are capable of giving informed decisions that would improve access to environmental justice. This article examines the jurisdiction of the Federal High Court in relation to environmental matters and argues that the court as presently constituted is not better placed to ensure access to environmental justice. This article employs doctrinal legal research methodology and content analysis of both primary and secondary legal sources relating to the practice of the Federal High Court of Nigeria, and Land and Environment Court of New South Wales of Australia. The article argues in favour of establishing a specialised environmental court in Nigeria as a superior court with a comprehensive jurisdiction to dispose of environmental-related matters.
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Pub Date : 2022-07-07DOI: 10.31436/iiumlj.v30i1.655
Md. Toriqul Islam
Privacy is one of the most desired human rights in this ubiquitous computing era - when a vast majority of our work is done online using personal data. Numerous actors are continually monitoring our activities, and consequently, user privacy came under tremendous threats. In response, various legal and policy measures have been adopted at national, regional, and international levels. The citizens of Bangladesh are also experiencing diverse privacy threats, and hence, they deserve to have adequate legal protections. This context requires a study to search for answers to the question - whether there are any legal protections for privacy in the existing legal regime of Bangladesh comparable with international data protection standards. This study aims to fill the gap using doctrinal legal research methodology. The findings of this study reveal that although there is no privacy or comprehensive data protection law in Bangladesh, privacy is conditionally recognised in the Constitution. There are numerous isolated privacy provisions in some other subsidiary legislation and references to privacy in several case laws as well. The results of this study will enlighten all stakeholders regarding privacy issues and facilitate them to map and design future policy strategies. This eventually contributes to establishing a safer online ecosystem in Bangladesh.
{"title":"ADEQUACY OF PRIVACY REGIME IN BANGLADESH: KEY CHALLENGES AND POTENTIAL POLICY MEASURES","authors":"Md. Toriqul Islam","doi":"10.31436/iiumlj.v30i1.655","DOIUrl":"https://doi.org/10.31436/iiumlj.v30i1.655","url":null,"abstract":"Privacy is one of the most desired human rights in this ubiquitous computing era - when a vast majority of our work is done online using personal data. Numerous actors are continually monitoring our activities, and consequently, user privacy came under tremendous threats. In response, various legal and policy measures have been adopted at national, regional, and international levels. The citizens of Bangladesh are also experiencing diverse privacy threats, and hence, they deserve to have adequate legal protections. This context requires a study to search for answers to the question - whether there are any legal protections for privacy in the existing legal regime of Bangladesh comparable with international data protection standards. This study aims to fill the gap using doctrinal legal research methodology. The findings of this study reveal that although there is no privacy or comprehensive data protection law in Bangladesh, privacy is conditionally recognised in the Constitution. There are numerous isolated privacy provisions in some other subsidiary legislation and references to privacy in several case laws as well. The results of this study will enlighten all stakeholders regarding privacy issues and facilitate them to map and design future policy strategies. This eventually contributes to establishing a safer online ecosystem in Bangladesh.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48735073","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 : 2022-07-07DOI: 10.31436/iiumlj.v30i1.690
Sayyed Mohammad Hadi Ghabooli Dorafshan, Sayyed Mohammad Mahdi Ghabooli Dorafshan, Mostafa Bakhtiarvand
Assignments and licenses of intellectual property rights have become very common and important in the Iranian economy. Due to this development, the legal system needed to undergo reforms to cater to the specific characteristics of these types of contracts. To achieve this, the Iranian legislator has attempted to provide a number of articles in the main laws concerning intellectual property agreements. Two bills concerning industrial property and literary and artistic property have been drafted which include several provisions in this regard. This descriptive-analytical article intends to introduce licenses and assignments of intellectual property rights in Iran and explain the rules applicable to them in order to provide a basis for further studies on this topic. The findings of this study show that the attempts made by the Iranian legislators to regulate the assignments and licenses of intellectual property rights, although valuable, are not perfect and thus, it is recommended that specific provisions are enacted to deal with different aspects of those contracts. Until the legislator takes that step, where necessary, such contracts are governed by the general rules of traditional contracts which originate from the rich sources of Imamiah jurisprudence and legal doctrine.
{"title":"INTELLECTUAL PROPERTY LICENSES AND ASSIGNMENTS IN IRANIAN LAW: FROM TRADITIONAL RULES OF CONTRACT LAW TO NEW NECESSITIES OF MODERNISATION","authors":"Sayyed Mohammad Hadi Ghabooli Dorafshan, Sayyed Mohammad Mahdi Ghabooli Dorafshan, Mostafa Bakhtiarvand","doi":"10.31436/iiumlj.v30i1.690","DOIUrl":"https://doi.org/10.31436/iiumlj.v30i1.690","url":null,"abstract":"Assignments and licenses of intellectual property rights have become very common and important in the Iranian economy. Due to this development, the legal system needed to undergo reforms to cater to the specific characteristics of these types of contracts. To achieve this, the Iranian legislator has attempted to provide a number of articles in the main laws concerning intellectual property agreements. Two bills concerning industrial property and literary and artistic property have been drafted which include several provisions in this regard. This descriptive-analytical article intends to introduce licenses and assignments of intellectual property rights in Iran and explain the rules applicable to them in order to provide a basis for further studies on this topic. The findings of this study show that the attempts made by the Iranian legislators to regulate the assignments and licenses of intellectual property rights, although valuable, are not perfect and thus, it is recommended that specific provisions are enacted to deal with different aspects of those contracts. Until the legislator takes that step, where necessary, such contracts are governed by the general rules of traditional contracts which originate from the rich sources of Imamiah jurisprudence and legal doctrine.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42109067","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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