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Founded in 1985, Law Majalla is the first student-run law journal in Malaysia.

17/07/2024

Law Majalla is now accepting submissions!

Article submissions are now open for our 2024 edition📃

Law Majalla is the first student-run journal in Malaysia founded in 1985. It is a platform where law students, academicians and legal practitioners can share their views and contribute to legal discussions on various areas of law.

In Law Majalla, we welcome your contributions in the form of article submissions on any legal topics that interest you📬

Interestingly, your previous written assignments or work may also be submitted as an article, so long that it adheres to all Law Majalla guidelines🗂️

In case you’re still unsure on where to begin, you may refer to our previous editions for some guidance.

If you are interested, kindly email your article at [email protected].

For further inquiries, please do not hesitate to contact us:
Sr. Ain Fariha - 0134613690
Sr. Raniya - 0127391279

⚖️ Our official website: https://www.lawmajalla.com/home
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The Law Majalla 2022 edition can be read through these websites:
📌https://drive.google.com/file/d/1Bgttyb4hrxc2zlPvMLA71PMkHx-531o5/view?usp=sharing

𝐖𝐢𝐭𝐡 𝐑𝐞𝐠𝐚𝐫𝐝𝐬,
𝐋𝐚𝐰 𝐌𝐚𝐣𝐚𝐥𝐥𝐚 𝐈𝐈𝐔𝐌

12/06/2024

[The Legality of Cryptocurrency from the Islamic Perspective]
by
Nuralieya Binti Muhammad Fikri Firdaus
Raniya Zubaidah Shah Binti Mirza Shah
Sri Aishah Binti Saiful Azlan

Poster by Muhammad Fahim Hakimi Bin Hasni

Cryptocurrency, a digital currency that operates without a central authority, has become increasingly popular in recent years. However, its compliance with Islamic transactions is still a subject of ongoing discussion. This article examines the legal aspects of cryptocurrencies from an Islamic standpoint, specifically highlighting the distinctions between fiat currency and cryptocurrency, as well as the perspectives of Muslim jurists and official fatwas. Furthermore, it takes into account Malaysia's stance on cryptocurrencies and its current implementation. Cryptocurrency is classified as a digital asset and is not recognised as a legitimate money in Islamic transactions due to its lack of legal tender status and regulatory supervision. In Malaysia, cryptocurrency transactions are allowed as a digital asset, but they are not regarded to be in compliance with Shari'ah principles. The authors propose that government officials may collaborate with Islamic scholars and financial experts to create cryptocurrencies that adhere to Shari'ah principles. This would enable Muslims to participate in digital transactions while remaining faithful to their religious views.

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All editions of Law Majalla can now be read through these links:
📌 Website: https://www.lawmajalla.com/home
📌 LinkedIn: https://www.linkedin.com/company/iiumlawmajalla

𝐖𝐢𝐭𝐡 𝐑𝐞𝐠𝐚𝐫𝐝𝐬,
𝐋𝐚𝐰 𝐌𝐚𝐣𝐚𝐥𝐥𝐚 𝐈𝐈𝐔𝐌

05/06/2024

A Study on the Duty of Sellers to Display Price Tag in Retail Outlets]
by Nik Hajar Binti Nik Hisham & Nur Iffah Hizwani Binti Omar

Poster by Anis Hadirah Binti Abdul Mutalib

When purchasing goods as consumers, we would often look at the price of the goods first before making the decision to purchase the goods. Section 4(1) of the Sales of Goods Act 1957 provides that a price must be included for consideration. This leads us to the question of whether a seller is required to display the price of goods before the formation of the contract at retail outlets. If sellers fail or refuse to display the price of the goods they are selling, will there be any legal implications imposed upon them?

In this article, the authors discuss in detail regarding the obligation of sellers to display the price of goods in retail settings for both physical and online retailers, the legal position of the non-display of price as well as recommendations for sellers as well as the duties and rights of consumers before entering into a contract of sale.

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𝐖𝐢𝐭𝐡 𝐑𝐞𝐠𝐚𝐫𝐝𝐬,
𝐋𝐚𝐰 𝐌𝐚𝐣𝐚𝐥𝐥𝐚 𝐈𝐈𝐔𝐌

29/05/2024

[The Process of Islamic Arbitration Under Malaysian Law]
by Ranusha a/p Thanabalasingam, Fateh Arina, Nur Hanis Syazwani Binti Sabdin, & Zati Akhtar Binti Khairul ‘Azmi

Poster by Ahmad Sirin Nabhan

Arbitration is commonly used to resolve commercial disputes, particularly in international commerce, and is also prevalent in consumer and employment issues in some countries, like the United States. It often arises from employment conditions or commercial contracts that waive class action rights. However, in pre-Islamic Arabia, Muslims used tahkim, a known method for resolving disputes, to settle civil and commercial disputes.

The term is derived from hakkama, which means to turn a man back from wrongdoing. Tahkim involves the disputing parties appointing an arbitrator to judge between them, similar to a qadi (judge) with the authority to make decisions. In this article, elements of tahkim were discussed, which include the disputing parties (Muhakkimun), the arbitrators (Muhakkamun), the offer and acceptance of the arbitrator's position (sighah of tahkim), the subject matter (Mawdu’ al-Tahkim), and the judgment (Hukm).

The authors have also discussed Islamic arbitration's position and application in Malaysia in relation to the subject matter, nature of the agreement, and essential elements

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All editions of Law Majalla can now be read through these links:
📌 Website: https://www.lawmajalla.com/home
📌 LinkedIn: https://www.linkedin.com/company/iiumlawmajalla

𝐖𝐢𝐭𝐡 𝐑𝐞𝐠𝐚𝐫𝐝𝐬,
𝐋𝐚𝐰 𝐌𝐚𝐣𝐚𝐥𝐥𝐚 𝐈𝐈𝐔𝐌

23/05/2024

[An Overview of the Anti-Hopping Law in Malaysia]
by Dr Nik Ahmad Kamal Bin Nik Mahmod

Poster by Anis Hadirah Binti Abdul Mutalib

In Malaysia, the electoral process has been impacted by factors such as race, religion, and political affiliation, leading some voters to make their choices based on personal motivations or loyalty to a specific political party. The article also tries to go into more detail about the amendment that makes a big change to the Supreme Court's ruling in Dewan Undangan Negeri Kelantan & Anor v Nordin bin Salleh & Anor [1992] 1 MLJ 697 about the freedom of association and the event that took place as the first test of the new rule.

In this article it explains deeply how party hopping is a controversial issue that goes against the principle of democracy in Malaysia, as it can lead to the overthrow of an elected government and potentially alter election outcomes. It is often seen as a mockery of democracy, as losing party members can easily transition to ruling parties and enjoy the benefits of being in the government instead of serving as opposition. This can cause instability and inter-party competition.

Most importantly, the article reflects the legal view and perspective of the people against the faith in the strength of the government they elected, especially voters.The referred cases in the article will give further clarification to the matters concerning anti-hopping law. The importance placed to anti hopping law is for voters to be in strong faith that the lawmakers they chose will succeed in leading the country to a better position in their tenureship.

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𝐖𝐢𝐭𝐡 𝐑𝐞𝐠𝐚𝐫𝐝𝐬,
𝐋𝐚𝐰 𝐌𝐚𝐣𝐚𝐥𝐥𝐚 𝐈𝐈𝐔𝐌

22/05/2024

Happy Wesak day!!!

poster by Ahmad Sirin Nabhan

Wishing all Buddhists happiness and prosperity, may we all continue to live and nurture together a harmonious society 🤍

𝐖𝐢𝐭𝐡 𝐑𝐞𝐠𝐚𝐫𝐝𝐬,
𝐋𝐚𝐰 𝐌𝐚𝐣𝐚𝐥𝐥𝐚 𝐈𝐈𝐔𝐌

15/05/2024

[Appointment Of Non-Malays Prime Minister: In The Eyes Of Constitutional Law]
by Muhammad Aiman Firdaus bin Kamal Nor Azman

Poster by Muhammad Fahim Hakimi bin Hasni

Malaysia has changed government leadership 10 times since gaining independence. Notably, a Malay has always held the position of Prime Minister. Which raises the question, "Is it possible for non-Malays to become Prime Ministers?" Article 40 of the Federal Constitution vested the Yang-Dipertuan Agong with the power to appoint the Prime Minister. It is one of his discretionary powers to do so, which simply means that the Yang-Dipertuan Agong can act on his own volition in appointing the Prime Minister.

The Federal Constitution explicitly states that a prime minister must be a member of the House of Representatives, a citizen by operation of law, and command the confidence of the majority in that specific position. The Constitution neither explicitly states nor implies that a particular race must hold the position. This article discusses and explains the views as well as the challenges in regard to the likelihood of a non-Malay Prime Minister being appointed.

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𝐖𝐢𝐭𝐡 𝐑𝐞𝐠𝐚𝐫𝐝𝐬,
𝐋𝐚𝐰 𝐌𝐚𝐣𝐚𝐥𝐥𝐚 𝐈𝐈𝐔𝐌

08/05/2024

[The Copyright Infringement Liability in Peer to Peer Software]
By Hadifah Husna

Poster by Anis Hadirah Binti Abdul Mutalib

The copyright infringement liability associated with peer-to-peer (P2P) software highlights the challenges faced in protecting intellectual property rights as technology continues to evolve. Notably, the widespread utilisation of P2P software, as seen on platforms like Napster, has stirred legal debates, particularly concerning copyright infringement. Secondary liability extends this responsibility to third parties, as demonstrated by a legal case involving Warner Music Group (WMG) and Seeqpod. In focusing on the Malaysian judiciary's perspective and the reliance on the Copyright Act 1987, there's an exploration of the application of secondary liability rules to P2P software and contrasts the approaches of US law and Commonwealth countries. The discourse also touches upon potential remedies for infringements, highlighting filtering obligations as a solution for third-party liability.

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𝐖𝐢𝐭𝐡 𝐑𝐞𝐠𝐚𝐫𝐝𝐬,
𝐋𝐚𝐰 𝐌𝐚𝐣𝐚𝐥𝐥𝐚 𝐈𝐈𝐔𝐌

02/05/2024

[A Legal Perspective: Vernacular Schools and National Unity in Malaysia]
by Nur Aishah Camelia Wong binti Norman Wong

Poster by Ahmad Sirin Nabhan

This article discusses the debate surrounding the constitutionality of vernacular schools in Malaysia. It provides historical background on the establishment of these schools by Chinese and Indian immigrants and the British colonial policy of maintaining separate schools for each race. Rather the author examines the relevant articles of the Federal Constitution and argues that vernacular schools are constitutional because they are not considered public authorities. The court has also ruled in favour of vernacular schools, emphasising the importance of preserving ethnic and cultural identity. Nevertheless, the main importance of this article is for readers to accept and understand Malaysia's multicultural heritage as a means to promote national unity.

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𝐖𝐢𝐭𝐡 𝐑𝐞𝐠𝐚𝐫𝐝𝐬,
𝐋𝐚𝐰 𝐌𝐚𝐣𝐚𝐥𝐥𝐚 𝐈𝐈𝐔𝐌

01/05/2024

[HAPPY LABOUR DAY]

Poster by Zu Aisyatul Asyiqin Binti Norazmi

Labour Day serves as a vital reminder of the invaluable contributions of workers around the globe. It's a day not only to celebrate their achievements but also to raise awareness about the rights of workers in every field. Let’s take this opportunity to express heartfelt appreciation and respect to all hardworking individuals who tirelessly strive to foster peace and stability within their families, communities, and nations.

Happy Labour Day to all and we appreciate all the efforts you contributed 🫂

𝐖𝐢𝐭𝐡 𝐑𝐞𝐠𝐚𝐫𝐝𝐬,
𝐋𝐚𝐰 𝐌𝐚𝐣𝐚𝐥𝐥𝐚 𝐈𝐈𝐔𝐌

24/04/2024

[The Relevance of Utilising Artificial Intelligence in Tax Administration to Combat Tax Controversies in Malaysia]
By Nurul Irdina Sazali

Poster by by: ⁠Muhammad Fahim Hakimi Bin Hasni

The Inland Revenue Board of Malaysia (IRBM) manages the country's tax system, which relies on self-assessment. Its primary taxes include personal income tax, corporation tax, goods and services tax (SST), and customs duties. However, Malaysia faces issues like tax evasion and fraud, which can lead to budget deficits and potential service cuts. AI, with its data analysis capabilities, could be integrated to improve tax compliance among taxpayers. AI can help identify irregularities and patterns indicative of potential tax evasion, facilitating effective enforcement and deterrence measures. This proactive approach could prevent tax evasion and enhance the tax system's integrity. The country's acceptance of AI in public services indicates a promising opportunity for its adoption in tax administration, provided it aligns with public expectations and regulatory frameworks.
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𝐖𝐢𝐭𝐡 𝐑𝐞𝐠𝐚𝐫𝐝𝐬,
𝐋𝐚𝐰 𝐌𝐚𝐣𝐚𝐥𝐥𝐚 𝐈𝐈𝐔𝐌

28/03/2024

Ramadan Mubarak! 💫💐

Alhamdulillah, we managed to obtain the month of Ramadan again this year! 🌙

Today especially the event of Nuzul Al-Quran, also known as Quran Revelation Day, commemorates the day when the Quran verses were originally revealed to Prophet Muhammad.

Allah revealed in Surah Al-Baqarah verse 185:
‎“….شَهْرُ رَمَضَانَ الَّذِي أُنْزِلَ فِيهِ الْقُرْآنُ هُدًى لِلنَّاسِ”
(The period you are required to perform the fasting) is “The month of Ramadhan [is that] in which was revealed the Qur’an, a guidance for the people…” Al-Baqarah, 2:185

Let us all seek for His forgiveness and may He grants you with all the magnificent benefits of Lailatul Qadar. And may the spirit of this Holy Month stay in our hearts and illuminate our souls from within

Wishing for this year’s Ramadan to change us into a better muslim and remain a good memory for all of us 🤍

𝐖𝐢𝐭𝐡 𝐑𝐞𝐠𝐚𝐫𝐝𝐬,
𝐋𝐚𝐰 𝐌𝐚𝐣𝐚𝐥𝐥𝐚 𝐈𝐈𝐔𝐌

20/03/2024

[Evidence of a legal representative during the era of the prophets]

Have you ever wondered if there were any prophetic stories that were revealed to mankind about the persons executing the laws. Prophet Musa had a condition where he stuttered during his speech. He had a brother, Prophet Harun, who was a child born by the same parents and excelled in terms of giving speeches. In the Quran, we see the great prophet of Allah, Musa (peace be upon him), recognise the talent of his brother Harun: He speaks better than I do, ya Allah. Send him with me. Make him a partner in my mission.
Musa said, “O, Allah, the Sustainer! I have killed one of his men, and I fear they will slay me. The tongue of my brother Harun is more eloquent than mine. Allow him to come with me so that he may help me preach among the people and verify me. I fear that people will falsify me.” Allah revealed, “He will strengthen his arms with his brother and will give both authority so that they will not harm him with His signs: you two and those who follow you shall be uppermost.”
Al- Qasas verse 34
وَأَخِي هَارُونُ هُوَ أَفْصَحُ مِنِّي لِسَانًا فَأَرْسِلْهُ مَعِيَ رِدْءًا يُصَدِّقُنِي ۖ إِنِّي أَخَافُ أَنْ يُكَذِّبُونِ
“And my brother Aaron is more fluent than me in tongue, so send him with me as support, verifying me. Indeed, I fear that they will deny me.”
It is concerning that when prophet Musa had difficulties standing up for himself, he immediately asked for Allah’s permission to acquire the assistance of prophet Harun to fight for his rights after being falsely accused by the Pharaoh.
In the story of prophet Yusuf, who was falsely accused of seduction, a witness testified that if Yusuf's shirt was torn from the front, he was guilty, but if it was torn from the back, he was innocent. The shirt was found to be torn from the back, proving his innocence miraculously.
Relating to society nowadays, it is crucial to find people who have talents and abilities and who can contribute something valuable, identify it, admit it, recognise it, praise them for it, and recruit them based on it. And how there is always a law that will look at circumstantial evidence and witnesses to prove the innocence of a party
Similarly, clients are searching for legal advice or legal representation. The modern world provides a wide variety of options to choose from. At the end of the day, the ability to understand and use the law in many situations in life has proven to be beneficial to society and oneself in maintaining a harmonious relationship.

13/03/2024

It is with great pride and honour having the former Chief Justice of Malaysia, The Hon. Tun Arifin bin Zakaria presented with a copy of the Law Majalla for the 2022 Edition.

His Lordship was appointed as a Judicial Commissioner of the High Court of Malaya ion 1992 before being elevated as a Judge at the Court of Appeal in 2002 and the Federal Court in 2005. His Lordship was later appointed as Chief Judge of the High Court of Malaya (2008-2011) before assuming position as the 7th Chief Justice of Malaysia (2011-2017).

Tun Arifin read law at the University of Sheffield, United Kingdom and pursued his Masters of Law (LLM) from University College London. On the same year, he was called to the English Bar at Lincolns Inn.

Tun Arifin is the current President for the Inns of Court Malaysia (ICM), a society encompassing legal professionals including Judges, Lawyers, Academicians, Former Judges & Lawyers and law students.

The Law Majalla had the honour in 2022 to present copies of the 2021 edition to members of the Executive Committee of the Inns of Court Malaysia (ICM) :

Vice President : YA Datuk Seri Mohd Firuz bin Jaffril
Committee Member : YA Tuan Nadzarin bin Wok Nordin
Hon. Treasurer : Ms Ooi Suan Kim
Hon. Secretary : Puan Idza Hajar Ahmad Idzam
Committee Member : Ms Lavinia Kumaraendran

As prospective juniors and eager students with strong love to learning, we hope to foster a stronger professional relationship with those in the legal field.

Thank you Tun Arifin and ICM for their continuous support and contribution towards the first student run law journal in Malaysia, Law Majalla.

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All editions of Law Majalla can now be read through these links:
📌 Website: https://www.lawmajalla.com/home
📌 LinkedIn: https://www.linkedin.com/company/iiumlawmajalla

𝐖𝐢𝐭𝐡 𝐑𝐞𝐠𝐚𝐫𝐝𝐬,
𝐋𝐚𝐰 𝐌𝐚𝐣𝐚𝐥𝐥𝐚 𝐈𝐈𝐔𝐌

07/03/2024

Law Majalla is now accepting submissions!

Article submissions are now open for volume 10 of the Law Majalla.

Law Majalla is the first student-run journal in Malaysia founded in 1985. It is a platform where law students, academicians and legal practitioners can share their views and contribute to legal discussions on various areas of law.

In Law Majalla, we welcome your contributions in the form of article submissions on any legal topics that interest you! Interestingly, your previous written assignments or work may also be submitted as an article, so long that it adheres to all Law Majalla guidelines. In case you're still unsure on where to begin, you may refer to our previous editions for some guidance.

If you are interested, kindly email your article at [email protected].

For further inquiries, please do not hesitate to contact us:
Sr. Dhia - 0193277574
Sr. Raniya - 0127391279

Official website: https://lawmajalla.iium.edu.my/
————————————————————-

The Law Majalla 2022 edition can be read through this link:-
📌https://drive.google.com/file/d/1Bgttyb4hrxc2zlPvMLA71PMkHx-531o5/view?usp=sharing

𝐖𝐢𝐭𝐡 𝐑𝐞𝐠𝐚𝐫𝐝𝐬,
𝐋𝐚𝐰 𝐌𝐚𝐣𝐚𝐥𝐥𝐚 𝐈𝐈𝐔𝐌

06/03/2024

[ANNOUNCEMENT PUBLICATION OF THE LAW MAJALLA 2022 EDITION] 💐

Great news!

Law Majalla has now published our 2022 Edition! 🥳✨

📌 Our Publications Archive
Keep track of all our peer-reviewed
journal from previous years!

📌 Law Majalla Weekly Write-Up
Read more on our insights here!

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The Law Majalla 2022 edition can be read through this attached link:-
https://lnkd.in/garwPajn

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𝐖𝐢𝐭𝐡 𝐑𝐞𝐠𝐚𝐫𝐝𝐬,
𝐋𝐚𝐰 𝐌𝐚𝐣𝐚𝐥𝐥𝐚 𝐈𝐈𝐔𝐌

10/01/2024

[DISCRIMINATION AGAINST WOMEN IN WORKPLACE]
By Shazmirah Shamsad

Poster by Ahmad Sirin Nabhan

Isn't it disheartening that, in this day and age, women still face discrimination in the workplace? Discrimination against women in the workplace continues to be a prevalent issue that hampers their progress and hinders gender equality.

Despite the progress in women's rights, inequalities persist, highlighting the need for stronger measures to overcome discrimination and promote gender equality in the workplace. They still face various forms of discrimination, including unequal pay, limited opportunities for career advancement, and biassed treatment. The Employment Act of 1955 provides important rights that protect women from discrimination and ensure equal opportunities. However, neutralising gender rights in the workplace goes beyond legal provisions and requires a cultural shift towards inclusivity and equality.

Gender equality is not just a moral imperative; it is a necessary condition for a fair, prosperous, and inclusive society. It benefits individuals, communities, and societies as a whole, and it is a goal that requires collective effort and commitment from all.
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𝐖𝐢𝐭𝐡 𝐑𝐞𝐠𝐚𝐫𝐝𝐬,
𝐋𝐚𝐰 𝐌𝐚𝐣𝐚𝐥𝐥𝐚 𝐈𝐈𝐔𝐌

03/01/2024

PORNOGRAPHY:DEHUMANIZING ASPECTS AND ITS POSITION IN MALAYSIAN LAW BY NUR HANNAN BINTI MOHAMMED KHAFIDZ*

It is shocking for a conservative country like Malaysia to be one of the top countries to frequent the po*******hy website, PornHub.

With the upsurge of activities relating to po*******hy, people tend to shut their eyes on the dehumanising aspect of po*******hy, which often depicts women as less than human, merely as s*x objects.

In Malaysia, the definition of po*******hy is not defined in any statute. Despite this absence, po*******hy falls within the definition of “obscene” materials which is defined in Malaysian statutes. Despite the existence of Section 211 of the Communications and Multimedia Act of 1998, the law is silent on the act of streaming po*******hy online. Thus, it can be said that watching po*******hy is somewhat legal in Malaysia, provided that you do not have the materials downloaded on your personal devices.

All in all, it is highly recommended for the Parliament to include a clear provision to criminalise this rampant act of consuming po*******hy online for the betterment of Malaysia.

27/12/2023

[POLICE AUTHORITY POWERING THE COMMUNITY]

“He’s unresponsive,” were the words uttered by the sister of a 17-year-old student who lost his life on December 15, 2023, following a collision with a car driven by a senior police officer. The post-mortem examination revealed that the victim had chest and abdominal injuries due to the crash. The case falls under the High Court's jurisdiction, and it will be in charge of administering and deciding justice.

Internet users that are closely following the case are furious with the police officer's actions and have started to make accusations about the possibility of him escaping criminal liability, as the case is currently under investigation and trial. The nature of the accident on the surface and statements by witnesses spark a controversial question about which appropriate charge should be considered. The public called for the retention of Section 302 of the Penal Code aside from investigating the case under Section 41(1) of the Road Transport Act 1987. The reason is that the crime of murder is subject to either the death penalty or imprisonment of between 30 to 40 years, accompanied by a minimum of 12 strokes of the cane if convicted.

It is essential for the public to be aware of the different branches of government and the doctrine of separation of powers. The power to govern a country is divided between different and independent institutions, namely, the legislative, the executive, and the judiciary. In the case of Loh Kooi Choon v. Government of Malaysia [1977] 2 MLJ 187, Raja Azlan Shah FJ (as he was at the time) said, "The constitution is not a mere collection of pious platitudes. It is the supreme law of the land, embodying three basic concepts. One of them is that no single man shall exercise complete sovereign power, but it shall be distributed among the executive, legislative, and judicial branches of government."

The judiciary refers to the court system that exercises the function of interpreting and applying the law in adjudicating legal disputes. It has the duty to administer justice to those who have been wronged and to ensure that a fair and just judgement will be imposed by the judiciary on those found guilty. The legislative or executive branches are not given the right to interfere in the judgement because doing so will result in abuse of power.

To ensure there is no concentration of powers in an institution, the doctrine of separation of powers is applied, making sure that the branches act in accordance with their constitutional roles and do not abuse their power. The police force falls under the executive branch as it is an agency under the Ministry of Home Affairs with the duty and function of law enforcement. Thus, the misconduct of an individual police officer or even the police force as a whole does not exempt them from being subject to the law and the judicial process.

20/12/2023

[SULTAN JOHOR DECREE FOR SPRM]

“I’m going to hunt all the corrupt people.” “NO ‘PUPPET KING’.”
These are the words that Sultan Ibrahim Iskandar, also known as "the Sultan Johor," recently used to describe his vision for his upcoming position as Malaysia's 17th Yang Di-Pertuan Agong (YDPA) in January 2024. His Majesty expressed a commitment to eradicate corruption and its beneficiaries from various activities. To implement this vision, he plans to bring Petronas and the Suruhanjaya Pencegahan Rasuah Malaysia (SPRM) under his direct authority by ensuring their accountability is directly to him rather than any other executive power in Malaysia. The aim is to safeguard these influential bodies from falling into the wrong hands.

The main question arises: Can Sultan Ibrahim Iskandar, as the soon-to-be YDPA, achieve these goals while remaining obedient within the framework of the Federal Constitution? Examining Article 39 of the Constitution reveals that the executive authority of the Federation is vested in the YDPA, which can be exercised by him, the Cabinet, or any Minister authorised by the Cabinet, with further delegation to other authorised persons. At first glance, it might seem that Sultan Johor has the latitude to pursue his objectives. However, an examination of Article 40 clearly provides that the YDPA must act in accordance with the advice given by the Cabinet, and he must accept such advice duly. If the Cabinet disapproves of an act concerning the exercise of his functions, the YDPA cannot proceed, even if it aligns with his heartfelt desires.

The recommendations made by His Majesty should be given weight, as the requirement to obtain recommendations from the Cabinet seem to create a blurry separation of powers. This conflict of interest could be a hindrance to ensuring a sound check and balance. Hence, Dato' Seri Anwar bin Ibrahim commented in a recent interview that the suggestion could be discussed without altering Malaysia’s system of constitutional parliament and constitutional monarchy. Perhaps, repealing Article 40 might revitalise the public’s confidence in the institutions.
Another question arises: “If the institutions are directly under the YDPA or Conference of Rulers, is there a guarantee that it will be free from any conflict of interest?” This would be a debatable question since there is no provided evidence of the integrity of the YDPA himself to his conducts in private matters. In short, there might be some conflict within the institutions if the YDPA or his lineage have an ongoing business. Nevertheless, the solution to this is to prohibit the Rulers from being involved in business. All in all, what matters most is for the Legislature and the Government to consider and choose what is best for the Nation.

13/12/2023

[CONGO’S HUMANITARIAN CRISIS & MODERN-DAY SLAVERY]

Smartphones, electric cars, and computers are often associated with the modern world. These cutting-edge technologies come with a price, and that is the blood of the Congolese to obtain the ‘Cobalt Red’. It is preposterous that in order to manufacture modern technologies, the clock is dialled back to the old centuries for the sake of gathering cobalt. People, including children and women, are working in subhuman, dangerous, and degrading conditions without the aid of modern-day tools, just for a few dollars a day.

Although slavery was abolished on 10 December 1948 by virtue of Article 4 of the Universal Declaration of Human Rights (UDHR), the 21st century of ‘Modern Slavery’ still exists. According to the International Labour Organization (ILO), modern slavery includes traditional practises of forced labour, such as slave-like practises, which are contrary to human dignity. Not only are the working conditions in Congo less than humane, but children and women are also the victims of this consumerism hell.

The situation in the DRC is contradictory to the International Convention on the Rights of the Child (ICRC), which recognises the right of every child to be protected from economic exploitation and from performing work that is hazardous or harmful to their health and development or that interferes with their education. Despite the existence of Congo's free education programme for low-income families, UNESCO reported that more than 2 million school-age children were still not in school.

The exploitation happening in the Democratic Republic of Congo (DRC) has been fueled by its neighbouring countries surrounding the DRC, namely, Uganda and Rwanda. The cause of this is mainly due to resource competition. In the case of Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda), on 23 June 1999, the DRC instituted proceedings against Burundi, Uganda, and Rwanda “for acts of armed aggression committed... in flagrant breach of the United Nations Charter and of the Charter of the Organisation of African Unity.” It was held by the Court that by actively extending military, logistical, economic, and financial support to irregular forces operating on the territory of the DRC, the Republic of Uganda had violated the principle of non-use of force in international relations and the principle of non-intervention.

In conclusion, the use of modern consumerism should not come at the expense of extreme labour exploitation. The Democratic Republic of Congo’s humanitarian crisis and modern-day slavery have caused major ethical and human rights concerns to arise. The exploitation of the citizens of the DRC, including women and children, for the mining of cobalt forces them to endure inhumane conditions for the pursuit of technology, which is contrary to international law and thus needs to be ceased immediately. The involvement of neighbouring countries such as Uganda and Rwanda has also further intensified the already tense situation in the DRC. In order to stop these atrocities, there needs to be a greater understanding of the hardships that the people of the Democratic Republic of Congo endure.

Address

Ahmad Ibrahim Kuliyyah Of Laws (AIKOL) , International Islamic University Malaysia (IIUM)
Rawang
53100

Website

http://lawmajalla.iium.edu.my/, https://drive.google.com/file/d/1Tyz610WWPsL4CyrtmwFi2MqMV-xoWJck/view?usp=share_link

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[FINAL AMANAH TO MAINTAIN THE NAME] When questioned "Why Kulliyyah of Laws?", the Late Prof. Dr. Razali Nawawi, who was also the first Dean of AIKOL, simply stated that the "s" stood for Shariah. Prof. Dr. Razali Nawawi was also one of the persons responsible for offering aspiring law students in AIKOL the chance to pursue a degree in both, Civil Law (LLB) and Shariah Law (LLBS), creating a comprehensive education which allows students to succeed both in this world and the hereafter. Thus, creating the rationale for the usage of the word "Laws", instead of "Law". It is due to this very reason that we shall always continue to honour the contributions of Prof. Dr. Razali Nawawi as it was he who paved the way towards the establishment of the Bachelor of Shariah program in IIUM. Hence, without his visionary leadership and unwavering dedication there would not be a Kulliyah of Laws and the AIKOL that we’ve all come to have known would not even be in existence today Cover art by Nur Aleeya Sabrina binti Norman & Zu Aisyatul Asyiqin binti Norazmi *Do note that the interview was conducted on the 17th of March 2023 #IIUMLawMajalla

[AHMAD IBRAHIM KULLIYYAH OF “LAWS”; PROF. DR. RAZALI NAWAWI’S CREATION AND INSPIRATION] Ever wonder why the term “law” is not adopted upon naming IIUM’s law faculty; Ahmad Ibrahim Kuliyyah of Laws (AIKOL), and instead the term “laws” is used? This exact thought was also once posed by the Malaysian Bar Council to the late Prof. Dr. Razali Nawawi during his lifetime. According to him, he had purposefully chosen the term “laws” and not just “law” upon forming the name of this Kuliyyah in order to illustrate the fact that this Kuliyyah offers, teaches, and equips its students with an abundance of knowledge in law. It was further mentioned by him how the letter “s” which was incorporated in the term does not signify “Shariah” per se, as the term in itself acts as an “umbrella” term which covers even the law under the Shariah. The late Prof. Dr. Razali Nawawi, who was also AIKOL’s very first Dean, was the very reason as to why AIKOL managed to prosper further and became a law faculty which offers its students the chance to simultaneously pursue a double degree in both Civil Law (LLB), and in Shariah (LLBS). To which, alongside the late Tan Sri Dato’ Prof. Ahmad Ibrahim, who had drafted the course outline which covers the subjects under the Civil law, Prof. Dr. Razali Nawawi was the one responsible for drafting the Shariah’s course outline. From this, it could be seen that the late Prof. Dr. Razali Nawawi’s impact and contributions towards AIKOL was so significant, to the point that it had even extended to the smallest and the simplest details among a variety of other major aspects. To which it would be fair for one to conclude that the works and contributions put forward by Prof. Dr. Razali Nawawi, had indeed made AIKOL one of the special Kuliyyah within IIUM. Along with this post, we have included an excerpt of an interview conducted with Al-Marhum Prof. Dr. Razali Nawawi by his former student, Puan Fakihah Azahari on 17t