Article 153 Of the Federal Constitution: Governing Principle for Affirmative Policy Against Social Injustice

The special position of Malays and Natives of Sabah and Sarawak remains a national debate despite the fact that its position has been lawfully accorded according to Article 153, Federal Constitution. Those who had significantly benefitted from the implementation of policies under Article 153 among non-Malays and non-Natives of Sabah and Sarawak, especially from an economic policy have yet turned up to defend many allegations thrown at the Government. As a matter of fact, many Malays themselves admitted that the Government had introduced many good programs to elevate the living standard of their community but yet to see much improvement across the country. On the contrary, the wealth accumulated by non-Malays as well as non-Natives of Sabah and Sarawak beyond RM1 billion personal net worth as shown in many popular magazines has proven to increase both in the number of individuals and its value. Hence, this paper aims to examine Article 153 and its governance on policies for affirmative action against social injustice using historical and legal analysis methods. The findings in this study could justify the position of Article 153 and evaluate the truth of so many allegations against it.

Who Is a Native of Sabah? A Legal Analysis

Article 161A of the Federal Constitution provides for the special position of natives of Sabah and Sarawak. Who are the natives of Sabah? There are legal definitions provided in the Federal Constitution, the State Constitution of Sabah and the Sabah Interpretation (Definition of Native) Ordinance 1952. However, each provision provides vague and unclear definitions for the term "native". This vague and inconsistent definition leads to so many problems faced by the natives of Sabah, both in economic and political aspects. Thus, this paper aims to analyse the relevant legal provisions concerning the definition of a native of Sabah and highlight possible solutions to the problems.

Divorce in Malaysia: Historical Trends and Contemporary Issues

Divorce rates in Malaysia have risen substantially in the first two decades of the 21st century. The main upsurge was between 2007 and 2010, after which the rates levelled off. The Muslim divorce rate remains at a level more than double that of non-Muslims, though the trends in divorce have moved in the same direction for both groups. East Malaysia has its own patterns. Muslim divorce rates in Sabah are only half those in Peninsular Malaysia, as are non-Muslim divorce rates in both Sabah and Sarawak. Although information is not available for Malaysia about the proportion of Muslim divorces initiated by wives, for both Indonesia and Singapore, more than two thirds of Muslim divorces are initiated by the wife. Clearly, many similar forces are influencing divorce for both Muslims and non-Muslims in the predominantly urban populations of these three countries. “Modern divorce” is related to the pressures of urban living; pressures of balancing work responsibilities and household arrangements when both partners are working; decreasing tolerance for remaining in an unsatisfactory marriage; and increasing community acceptance of divorce in such circumstances. As similar pressures have been experienced by both Muslim and non-Muslim populations, the tendency for Muslim and non-Muslim divorce rates in Malaysia to move in parallel directions is not surprising.

Pembelajaran Transformatif Dalam Kalangan Wanita Dewasa Yang Menunaikan Haji Di Perak

Transformative learning is a process of engaging with an individual’s referral framework including perspectives of meaning, habit, mind and thinking. This study was conducted to study the transformational learning that takes place in adult women in performing the Hajj. This study is designed to identify triggers, factors and effects .The methodology of this study uses semi-structured interviews. A total of 5 informants consisting of adult women aged 45 to 65 were selected using the snowball method. The results show that different triggering events in each individual can change the perspective of informants to change. Factors help inform informants to support and encourage them to continue to move in a positive direction. Suggestions to future researchers may extend the scope of Malaysia including Sabah and Sarawak, study gender differences and use data triangulation.

Factors influencing Bumiputera contractors' acceptance of the contractor's all risk takāful product

PurposeThis research aims to investigate the factors that can influence Bumiputera contractors' acceptance of the Contractor's All Risks (CAR) takaful (Islamic insurance) product using the theory of reasoned action (TRA).Design/methodology/approachUsing the method of quantitative surveys, 414 questionnaires were collected from targeted Bumiputera contractors in Malaysia (grade G1 to grade G7), except in Sabah and Sarawak, that are registered with the Construction Industry Development Board (CIDB) and are also members of Persatuan Kontraktor Melayu Malaysia (PKMM). The data was analysed using the partial least squares structural equation modelling (PLS-SEM) technique.FindingsThe findings from the PLS-SEM analysis show that attitude, subjective norm, religiosity and awareness have a positive relationship with Bumiputera contractors' acceptance of the CAR takaful product. Religiosity appeared to be the most significant factor influencing Bumiputera contractors' acceptance of the CAR takaful product.Research limitations/implicationsThe respondents in this study only comprised Bumiputera contractors in Peninsular Malaysia, excluding those from Sabah and Sarawak. Therefore, it is not possible to generalise the findings to a broader population.Practical implicationsTakaful operators and their sales and marketing departments need to act proactively in promoting the benefits of investing in CAR takaful that follows Sharīʾah (Islamic law) rules and principles. They should create mechanisms to market CAR takaful better, thus accelerating its acceptance rate among contractors.Originality/valueThe paper uses the proposed extended TRA model, which includes the variables of religiosity and awareness in the TRA model. These variables were successfully integrated in the model, and the findings show that they have significantly contributed to the acceptance of the CAR takaful product among Bumiputera contractors.

THE INFLUENCE OF EDUCATION ON ETHNIC DIVERSITY BEFORE AND AFTER INDEPENDENCE IN MALAYSIA

This article discusses the influence of education on ethnic diversity in Malaysia. Malaysia is known for its unique society that is made up of various ethnic groups such as Malay, Chinese, Indian, Sabah, and Sarawak indigenous ethnic groups and many other ethnic groups. Each ethnic group has its own cultural practices, traditional customs, religious beliefs, and language but everyone can live in a harmony. In other words, ethnic diversity and cultural differences are not an obstacle to the plural society in this country to live together peacefully. Among the efforts made to create such an atmosphere is through the education system which plays an important role in instilling the spirit of nationalism and love of country. However, the effort to make Malaysia a country society that is united through the education system is not as easy as expected. There are challenges that need to be faced. Therefore, this article is focused to discuss what is the influence of education and what are the challenges faced in creating an education system that serves as an agent of community unification in the country. The study of this article was made using a qualitative analysis approach and using archival research methods as well as library research to obtain research information sources. This study will produce an analysis that can be used as a reference to improve or formulate better policies, especially in matters that benefit the efforts to strengthen harmonious inter-ethnic relations in Malaysia.

Contractor Intention on Contractors’ All Risk Takaful Product in Malaysian Construction Industry

Objective – Contractors’ All Risks (CAR) Takaful is completely different from CAR conventional insurance. CAR conventional insurance involves elements of usury (riba), gambling (maysir) and uncertainty (gharar) in their resources and operations which is prohibited by Shari’ah. This paper aims to investigate the relationship between attitude, awareness, understanding, religiosity, subjective norm, service quality and role of agents with contractor’s intention in choosing CAR Takaful products based on theory of planned behaviour (TPB). In addition, this paper aims to address the most influential factors that affect contractor’s intention in choosing CAR Takaful products. Design/methodology – Using primary data collection method, 421 questionnaires were distributed to target respondents comprising Bumiputera contractors in Malaysia except for Sabah and Sarawak, who are registered with CIDB from grade G1 to grade G7 and also a member of Persatuan Kontraktor Melayu Malaysia (PKMM). The data were analysed using Statistical Package for the Social Sciences (SPSS) software version 25. Results – This study's results reveal a significant relationship between attitude, awareness, understanding, religiosity, subjective norm, service quality, and role of agents with contractor’s intention in choosing CAR Takaful product. In addition, this research also verifies that attitude is the most important factor that affects contractor’s intention in choosing CAR Takaful products. Contribution – This paper will bring significant benefits to the Takaful operators and Takaful agents in Malaysia to formulate additional strategies, policies and service quality to attract Bumiputera contractors to choose CAR Takaful product.

Psychotherapy and Christianity

Christianity is counted as one of the biggest religious groups in the world, numbering at over 2 billion individuals who identify themselves with this religion. As of the 2010 census, the Department of Statistics Malaysia Official Portal reported that an estimated 9.2% of the population in Malaysia identified themselves as Christians. In numerical terms, this equates to approximately 3 million individuals spread out all over the Malaysian peninsular as well as Sabah and Sarawak who consider themselves part of the Christian church. This chapter intends to do four things: 1) provide a brief history of the church and Christianity, 2) acquaint the reader with basic Christian beliefs, 3) provide insight into the methods and challenges of working with the population in Malaysia drawing from both local as well as international literature, and 4) provide the implications of the methods and challenges of working with the Christian population.