scholarly journals The Malaysian Federal Constitution: An Islamic or a Secular Constitution?

2019 ◽  
Vol 5 (1) ◽  
pp. 134
Author(s):  
Syed Fadhil Hanafi Syed A. Rahman

Constitutionalism dictates that the government must only act within the four walls of the constitution. While adherence to this fundamental doctrine is proven to be difficult, it becomes more complicated when the walls are unclear. For decades, Malaysians struggle to ascertain the actual legal value of religion, particularly Islam, in its Federal Constitution and the impact of religion to the Malaysian legal system. Some opined that secularism is a basic structure of the Malaysian Federal Constitution and in the name of constitutionalism, religious laws cannot be the basis for administration of public law and must be confined to personal law matters. On the other hand, some opined that Islam constitutes a salient feature of the Constitution and the position of Islam as the religion of the Federation implies Malaysia as an Islamic state. This paper analyses the conflicting views, via qualitative studies of constitutional provisions which have religious element in the light of their history, together with relevant case laws which interpreted them. The analysis is done with a view to determine whether the Malaysian Federal Constitution is a secular instrument creating a secular state or a religious document establishing a theocratic state. From such analysis, the author presents that the Malaysian Federal Constitution, albeit giving special preference to Islam, is a religion-neutral document which is receptive to both religious and secular laws. This is based on the fact that the Constitution upholds the validity of both secular and religious laws for as long as they are enacted according to procedural laws required by the Constitution.

2006 ◽  
Vol 55 (3) ◽  
Author(s):  
Giuseppe Dalla Torre

Dopo essersi rilevato il fenomeno della rinascita del fatto religioso nell’odierna società secolarizzata, grazie anche al massiccio fenomeno immigratorio, si descrive l’impatto del pluralismo etnico-religioso sulle tradizionali realtà degli ordinamenti giuridici statali; impatto reso ancora più problematico per l’ascesa di nuovi poteri, in particolare quello tecnico-scientifico, insofferenti ad una eteroregolamentazione non solo sul piano etico, ma anche sul piano giuridico. Si mette quindi in evidenza una crescente ambiguità che investe la biogiuridica: da un lato la nuova esigenza di riconoscere il rivendicato “diritto alla diversità” da parte delle diverse formazioni etnico-religiose; dall’altro l’esigenza di una regolamentazione giuridica uniforme a garanzia dell’ordinata convivenza attorno ad una scala valoriale che abbia nella “vita” il bene centrale ed ultimo da salvaguardare. Tra le conclusioni cui si giunge è innanzitutto quella per cui la pacifica convivenza in una società multietnica e multireligiosa può essere assicurata, nel rispetto delle diverse tradizioni e culture, attraverso il ricorso a moderati e saggi riconoscimenti di spazio al diritto personale all’interno degli ordinamenti statali, ma nei limiti rigorosi posti dalle esigenze di tutela della dignità umana. Ciò tocca anche la questione dei “nuovi poteri” che, nel contesto di una società globalizzata, impongono una rielaborazione dell’idea di diritto che, partendo dal quadro di un sistema di fonti che tende sempre più ad essere organizzato non secondo gerarchia ma secondo competenza, si ispiri al principio del riconoscimento dell’essere umano nella sua dignità, indipendentemente dall’appartenenza etnico-religiosa. Infine si mette in evidenza l’inaccettabilità di un “diritto debole”, solo procedimentale, perché sostanziale negazione della funzione stessa del diritto, che è quella di prevenire e/o dirimere i conflitti tra interessi in gioco e, quindi, i contrasti tra le parti della società, difendendo nel rapporto i soggetti più deboli; così come si mette in evidenza che il prezioso bene della laicità dello Stato non è – come invece spesso si ritiene – salvaguardato da un “diritto debole”, ma solo da un diritto giusto. ---------- After being noticed the phenomenon of the rebirth of the religious fact in today’s secularized society, it is described also the impact of the ethnic-religious pluralism on the traditional realities of the government juridical arrangements; impact made even more problematic for the ascent of new powers, particularly that technical-scientific, impatient to an heteroregulation not only on the ethical plan, but also on the juridical plan. It is put therefore in evidence an increasing ambiguity that invests the biojuridical: from one side the new demand to recognize the vindicated “law to difference” from different ethnic-religious formations; from the other the demand of a uniform juridical regulation to guarantee of the orderly cohabitation around to a scale of value that has in “life” central and ultimate good to safeguard. Between the conclusions which the author comes it is, first of all, that for which the peaceful cohabitation in a multiethnic and multireligious society can be assured, in the respect of the different traditions and cultures, through the recourse to moderate and wise recognition of space to the personal law into the government arrangements, but in the rigorous limits set by the demands of guardianship of human dignity. This also touches the matter of new powers that, in the contest of globalization, impose a new elaboration of the idea of law that, departing from the picture of a system of sources that extends more and more to not be organized according to hierarchy but according to competence, inspire to the principle of the recognition of the human being in its dignity, independently from the ethnic-religious affiliation. Finally it is put in evidence the unacceptability of a “weak law”, just procedural, as substantial negation of the law function itself, which is that to prevent and/or to settle the conflicts between affairs at stake and, therefore, contrasts between the parts of the society, defending in the relationship the weakest subjects; as it is evidenced that the precious good of laity of the State is not - like instead it is often considered - safeguarded by a weak law, but only by a correct law.


1963 ◽  
Vol 9 (1) ◽  
pp. 1-14 ◽  
Author(s):  
Selden D. Bacon

This article is concerned with the overlapping of two phe nomena, each of which can occur independently of the other. The first is deviation from the specific social custom of drinking. The second, crime, refers to a class of deviations from many different customs of a society—deviations possessing one unique attribute in common, that of eliciting purposeful, negative sanc tions by the government. General knowledge about deviation from custom and about the impact of alcohol upon human behavior must be combined with an understanding of each of these two categories of deviance in order to assess the overlap.


2021 ◽  
Vol 29 ((S1)) ◽  
pp. 17-35
Author(s):  
Hanna Ambaras Khan ◽  
Nora Abdul Hak ◽  
Najibah Mohd Zin ◽  
Roslina Che Soh

The native court in Malaysia comprises of Mahkamah Anak Negeri Sabah and Mahkamah Bumiputera Sarawak. The existence of this court is recognised by the Malaysian Government and they are mentioned in the Federal Constitution of Malaysia. Although these courts are given power and authority in dealing with the personal law of natives in each state, there are challenges in enforcing post-divorce orders made by these courts. This article is significant since there is a dearth of study on this topic. The main objective of this article is to examine the enforcement of post-divorce orders of native courts within East Malaysia. It will also explore the problems and challenges of divorcees in enforcing divorce orders and provide recommendations to improve the existing system. This article adopts library-based and qualitative research method which consists of group discussions and interviews with the village headman (ketua kampung), headman (penghulu), community leader, native courts’ judges, native court of appeal’s judge, registrar of native court and several divorcees. The result of this research identified four challenges vis-a-vis: the capability to find the husband upon the issuance of the divorce order; second, husband’s default payment of maintenance; lack of manpower in enforcing the order and lastly, husband’s conversion to Islam. Thereafter, this article suggests that the government could provide assistance by empowering court bailiffs or enforcement bodies, increasing funding and to designate a special department for enforcement of divorce orders


2021 ◽  
Vol 6 (1) ◽  
pp. 96-107
Author(s):  
Pulung Widhi Hari Hananto

After the death of the supreme commander of the Islamic State of Iraq and Syria (ISIS), Abu Bakar Al Baghdadi, marked the end of ISIS's legitimacy and hegemony in the Arabian Peninsula. The incident actually led to a new polemic related to the fate of combatants or sympathizers whose support the ISIS (Foreign Terrorist Fighter). With the defeat of ISIS, many FTF are trapped unable to return to their home/ origin countries. On the other side, the sentiment of the country of origin has arisen to not accept its citizens back and lead to revocation of citizenship status. As one of the donor countries for ISIS member, the Government of Indonesia is faced with serious problems regarding the legality of citizenship status and the threat of radical ideology. The dilemmatic attitude to revoke Indonesian citizenship or to repatriate the Ex-ISIS becomes a matter of climax. The issue of this article to centralize and highlight the legality toward the ex-ISIS citizenship from Indonesia in Iraq and Syria. In addition, this article also to give the perspective and elaboration in matter of consequences to repatriate those former ISIS or to withdraw their citizenship.  The results of the study of this article are criticized and also analyze the legality of citizenship of ex ISIS member from Indonesia.


2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Basit Ali ◽  
Muhammad Irfan

AbstractThe Government of Pakistan introduced smoking ordinance about health warning in 2009. This ordinance exhibits, prohibit smoking in public places, put restrictions on advertisements, and prohibits sale of cigarettes to minors. This study is to find out the impact of smoking expenditures on food, health, educational, recreational, and electronic expenditures using HIES dataset for 2010–11 and 2015–16. The findings show that share of food and health expenditure increase by 91 and 92% respectively. On the other hand, education and recreation expenditure decrease by 6 and 98% respectively. This is further verified using SUEST test to compare two datasets regressions. The result reveals that food, health, and recreational coefficient are statistically different while education and electronics expenditure remain similar.


IJAcc ◽  
2021 ◽  
Vol 2 (1) ◽  
pp. 74-81
Author(s):  
Rizka Azzahra

Demographers predict that in the period 2020-2030 Indonesia will experience a demographic bonus with a peak around 2030. At that time, the number of people with productive age in Indonesia, namely the age range of 15-64 years, far exceeds those who are included in the nonproductive age (children and the elderly). The Demographic Bonus should be a very positive thing where Indonesia can get extraordinary benefits, making Indonesia have high competitiveness and bargaining power. But on the other hand, Indonesia is currently facing serious problems due to the impact of the Covid-19 pandemic that has hit the world. Social distancing (physical distancing) carried out to anticipate the spread and expansion of the Covid 19 pandemic has made changes in various fields, both in the economy, transportation, worship, education, government and entertainment that have a direct impact on labor. The number of job cuts that occurred during the Covid-19 pandemic had a huge impact because not all of the workforce could be accommodated in the world of work, as a result it would encourage an increase in the number of unemployed in Indonesia. This study aims to analyze the dynamics of unemployment in Indonesia and the steps that need to be taken by the government and the Indonesian people in order to face the era of demographic bonuses in the midst of the Covid-19 pandemic so that this demographic bonus does not become a wave of mass unemployment in Indonesia.


2021 ◽  
Vol 1 (2) ◽  
pp. 119
Author(s):  
Dolfries J Neununy

Introductioan: Substantial application of the Omnibus Law (Cipta Kerja) for the rights of indigenous peoples in coastal areas.Purposes of the Research: Reviewing and analyzing the impact of the Copyright Act on indigenous peoples in coastal areas.Methods of the Research: The research was conducted through normative legal research with a political approach to review and analyze legislation or other legal materials related to the Urgency of Omnibus Law on the Rights of Indigenous Peoples in coastal areas.Results of the Research: The presence of the Omnisbus Law will have a positive impact on the community from the aspect of legal knowledge that people belonging to the scientific community can understand the purpose of the government to implement the Omnisbus Law but from the other side the ordinary people who are in coastal areas and remote rural areas do not understand well the application of the Omnisbus Law so that protection is important.


Author(s):  
Marién Durán ◽  
Víctor Bados

This chapter examines the political, territorial and security repercussions of the self-proclaimed Islamic State (IS) for the MENA region, and particularly in Syria, Iraq and Libya. The proclamation of the IS, on 29 June 2014, has had a major impact on political and security alike. It has been given a new twist to the war in Iraq and Syria and the Libyan conflict on the following aspects: (i) amplifying and making the conflict more complex with related implications on security; (ii) establishing a new mode of governance in the conquered territories; and (iii) further producing a new security framework in MENA region. After a brief contextualization about the origins and goals of IS, the chapter analyses the following sections: (i) the impact of IS in the security domain (type of conflict with its own signs of identity); (ii) the government exerted in the occupied territories; and (iii) the implications and impacts on the security realm throughout MENA region by focusing on two main domains: the international response to the threat provided by the international community, and the new configuration of regional and global alliances. The main contribution of this chapter dues to the scarcity of studies in this regard is the analysis of the IS’ conflict typology.


Author(s):  
Pan Zhang ◽  
Chien-Chiang Lee ◽  
Yongqi Wu

Conducting product recovery and remanufacturing not only help manufacturers decrease the unit cost of production, but also benefit the environment. However, most manufacturers are hampered by the huge initial investment of related operations. In order to alleviate the manufacturers’ financial pressure of product recovery and remanufacturing, some governments implement the production subsidy (subsidy [Formula: see text]) and recycling subsidy (subsidy [Formula: see text]). Meanwhile, retailers can provide the revenue-sharing contract (contract [Formula: see text]) and cost-sharing contract (contract [Formula: see text]). Hence, this paper mainly studies the incentive designs of the government and retailer, and the effects of these incentives on the closed-loop supply chain. We first establish a Stackelberg game model consisting of a government, a manufacturer and a retailer, then investigate and compare the optimal decisions and payoffs of each member under each incentive combination of the government and retailer. Our results first show that, on the other hand, the government’s subsidy type cannot affect the retailer’s design of contract [Formula: see text], but subsidy [Formula: see text] can induce the retailer to share a higher rate of sale revenue, comparing to subsidy [Formula: see text]. On the other hand, the retailer’s contract [Formula: see text] could induce the government to increase subsidy rate in most cases, comparing to contract [Formula: see text]. Second, the subsidy [Formula: see text] can always lead to a higher collection rate, lower wholesale and retail prices, and higher payoffs for the government, manufacturer and retailer, comparing to subsidy [Formula: see text]. Besides, under subsidy [Formula: see text], contract [Formula: see text] always leads to a higher collection rate, lower wholesale and retail prices, and higher payoffs for the government, manufacturer and retailer, comparing to contract [Formula: see text]. However, under subsidy [Formula: see text], contract [Formula: see text] can lead to a higher collection rate, a lower wholesale price, and higher payoffs for the manufacturer and retailer, comparing to contract [Formula: see text] only when the manufacturer’s recovery efficiency is high. Moreover, the retail price is always higher and the government payoffs is always lower under contract [Formula: see text]. Third, the government prefers to implement the subsidy [Formula: see text] and then which contract is chosen by the retailer depends on the collection efficiency of the manufacturer. Therefore, subsidy [Formula: see text] combining with contract [Formula: see text] or [Formula: see text] is the equilibrium incentive combination.


2020 ◽  
Author(s):  
thobias sarbunan

Action research is identical to the educational field, but on the other hand, the methodology has widespread practical values to others field of education. Moreover, to the extent of the use and the impact of action research in widespread, researcher has conceptualized the critical review of action research practical inquiries' framework cross its research paradigm, that in-depth has been stimulated and improved human resources, steak-holder problem solving, the policy of the government, and also education field. This paper has proposed the recommendation to all system in science and also a government which intend to construct research and practitioner skill, and also synthesized the nature of research and research bases to mutual development in all field of science. Keyword: Critical Review; Practical Inquiries; Action Research Framework; Action Research Paradigms (PDF) The Critical Review to Practical Inquiries of Action Research Framework (Action Research Paradigms). Available from: https://www.researchgate.net/publication/343295459_The_Critical_Review_to_Practical_Inquiries_of_Action_Research_Framework_Action_Research_Paradigms [accessed Aug 21 2020].


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