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Apart from the existing sentences, syariah courts could also impose alternative sentences. This study aims at analyzing the implementation of alternative punishments in khalwat cases by syariah courts in Selangor. This study adopts qualitative method in analysing related issues. This study focuses on the forms of judgment in khalwat criminal cases passed by all syariah lower courts in the state of Selangor by looking at the justification of judgment whether punitive or rehabilitative. Data is collected using library research method. Primary and secondary data related to alternative sentences in khalwat cases is cumulated in identifying research problems and questions. Interviews are also conducted on syariah lower court judges and syarie prosecutors in Selangor, Malaysian prison officers and Malaysian correctional center officers in the form of structured and semi-structured interviews. The study finds lacuna in the provisions in the Syariah Criminal Enactment and the Syariah Criminal Procedure Enactment related to application of alternative punishments. This study suggests that the implementation of these related are to be refined and streamlined. It is hoped that this research analysis is capable of addressing problems related to the implementation of alternative sentences in syariah courts. Hopefully this study will also strengthen the implementation of alternative sentences in syariah courts in assisting the court in making judgments. [ABSTRACT FROM AUTHOR]

Evidence is an important element in a trial. Evidence that complies with rules of law determines whether a claim is successful or fail. The disputing parties may not arbitrarily submit any form of evidence in proving the claim or denial any claim. Islam has outlined the rules regarding the evidence which can be accepted and practiced such as bayyinah, syahadah, Iqrar, qarinah, documentary evidence, expert testimony, qasamah, oath and li'an. This article examines issues that are happening in connection with the proving method in the case of hibah in the syariah courts in Malaysia. The focus is given on the case of hibah as it is one of the cases substantially reported in the Jurnal Hukum. The methodology used in this study is a library research focusing on cases reported in the Jurnal Hukum. The findings show that the testimonies and qarinah are always used in proving the facts related to the validity of the hibah that has been done for many years and also proving the existence of the acceptance or an act of taking possession (qabd). In addition, documentary evidence, ikrar and oath are also used in proving the facts relating to some hibah cases. [ABSTRACT FROM AUTHOR]

Islam stressed on the importance of a valid marriage. If a marriage does not comply its requirement and conditions according to Shariah, it will raise negative implications not only on the status of the marriage, but also it will effect the status of the child. Hence, the marriage must be separated. Generally, the Muslim scholars define faraq as separation or dissolution of marriage through talaq or otherwise. However, according to Islamic law in Malaysia, faraq is not a dissolution of marriage via talaq, but it is an annulment of marriage due to non-fulfillment of terms and conditions which laid down by Shariah. In context of abiding the conditions and terms to marriage, having a wali is one of the conditions in solemnization of a valid marriage. Marriage which is solemnized by a non-qualified wali such as in cases of illegitimate children will cause the marriage to be separated. Data in this article is obtained from the reported cases tried in the Shariah Courts in Negeri Sembilan. Interviews were conducted with those legal practitioners such as syaria lawyers, religious officers, and judges from Shariah Courts in Negeri Sembilan who deal directly with faraq cases. [ABSTRACT FROM AUTHOR]

Kitābah or the tendering of documents as evidence in court trial is very much discussed under the civil law and is widely practiced in the Civil Courts. However the concept and application of kitābah in the Syariah Courts have never been discussed in detail under syariah law eventhough kitābah is clearly stated in the Qur'an and Sunnah as a method of proof. This article attempts to look into the concept and scope kitābah in Islam and compare them with the laws of Malaysia. All materials, informations and data in this article are obtained from observations and interviews conducted on legal practitioners in Civil and Syariah Courts in Malaysia. Materials and informations are also obtained from books and articles from local and abroad. This article fi nds that convenience and circumstantial factors play important roles in shaping up the concept and application of kitābah. [ABSTRACT FROM AUTHOR]

Justice is the ultimate objective of any judiciary system. The absolute justice is only belongs to Islamic judiciary system. However it is highly dependant on the quality of the implementation methodology that man could produce. In the Islamic judiciary system, especially to convict a zina, there are various methods in establishing evidence. Some of the methods are unanimously accepted while some others are not unanimously accepted. Al-qarinah is among those which are not unanimously accepted by the Islamic jurists. The Islamic law is actually dynamic. The dynamism lies on its flexibility, which is the main characteristic of the law itself. It is because the fiqh law is not isolated from reality, but derived from the analysis on the contemporary environments. The development in science and technology has changed the human civilisation and perception towards life. The development of knowledge in producing evidence scientifically such as DNA test, fingerprint etc. coupled with the more complex criminal behaviour, demand us to take a detailed and in-depth study to determine the status of al-qarinah in the contemporary Islamic judiciary system in order to make sure an Islamic law is relevant and effort to give a justice and positive perception among nation toward Islam. [ABSTRACT FROM AUTHOR]

Keperluan dalam memastikan kebolehgunaan dan kebolehpercayaan dokwnen digital di mahkamah merupakan salah satu penentu kebolehterimaan dokumen digital sebagai kaedah pembuktian di mahkamah. Oleh itu, bagi mengekalkan keasliannya, dokumen digital perlu dinilai secara betul dengan mengglmakan prosedur khusus supaya bukti tersebut terlindung daripada diceroboh dan diubah lantas memastikan ia diterima sebagai bukti, khususnya di mahkamah sivil. Waiau bagaimanapun, masih tiada kajian yang membincangkan aspek keperluan prosedur operasi standard (SOP) dalam kebolehterimaan dokumen digital di mahkamah sivil walaupun secara umumnya mahkamah sivil telah pun mengguna pakai dokumen digital sebagai bukti seja.k tahun 1950-an. Oleh itu, kajian inia.kan membincangkan kedudukan dokumen digital di mahkamah sivil, enakmen, dan peruntukan berkaitan penggunaannya serta SOP untuk. mengguna.kan dokumen digital sebagai bukti khususnya di mahkamah sivil. K.ajian ini juga mengguna.kan kaedah kualitatif dengan mengumpul data daripada sumber primer dan sumber sekunder yang kemudiannya dianalisis mengguna.kan kaedah analisis kandungan. K.ajian mendapati bahawa satu SOP tentang penerimaan dokumen digital di mahkamah sivil adalah sangat penting dan sesuai dengan undang­ undang untuk. memastikan bahawa bukti yang dikemukakan adalah sahih dan boleh dipercayai, seperti yang digariskan oleh mahkamah. Hasil kajian ini juga menunjukkan bahawa ia boleh dijadikan sebagai rujukan oleh para hakim dan pengamal undang-undang sivil untuk. membuat pertimbangan adil terhadap isu berkaitan dengan dokumen digital sebagai salah satu bentuk. kaedah pembuktian khususnya di mahkamah sivil. ABSTRACT The need to ensure the usability and reliability of digital documents in court isoneofthedeterminants intheadmissibility ofdigital documents as a method of proof in court. Therefore, in order to maintain its authenticity, digital documents must be evaluated in the right way to protect evidence from being tampered with and altered through specific procedures to ensure that they can be accepted as evidence, especially in civil courts. However, there are no specific studies asyet that discuss the requirements of standard operatingprocedure (SOP) in the admissibility of digital documents in civil courts; even though generally, the civil courts have been adopting digital documents as a method ofproof since the 1950s. Thispaper examines theposition of digital documents in civil courts, the enactments and provisions relating to their use including SOPsfor the use of digital documents as evidence, particularly in civil courts. Qualitative methods were used to collect datafrom primary and secondary sources, which were then analyzed using content analysis. The results of the studyfound that SOP is important in the admissibility of digital documents by the civil courts, to verify thatproof submitted to the court is genuine and accurate in accordance with the guidelines of the court. The results also show that this study can be used as referencefor judges and civil lawpractitioners to makefair judgements on issues related to digital documents as aform ofproof method especially in civil courts.

Even though equality has been described as a simple concept, its meanings and principles have not been properly understood by the public. Similar treatment might not have a value of neutrality because, once the right to equality is related to and enforced by laws, its objectivity and impartiality can be challenged. The Malaysian government is making progress towards a safer and more equal environment for women and girls following the proposed new or amended legislation. These includes the anti-stalking law, the Sexual Harassment Act, and ending child marriage. Furthermore, the establishment of a Select Committee on Rights and Gender Equality in Parliament have been considered as a good step forward for equality. Indeed, implementation of policies such as childcare facilities in government offices as well as encouraging the private sector to follow suit are good moves towards creating more opportunities and encouraging the participation of women in the workforce. This paper explores the conceptual understanding of ‘equality’ globally and from the perspective of Islamic jurisprudence. This reflection is in line with Islamic belief that needs to reform the understanding of society based on the suggestion of Al-Quran and Islamic scholars. With this interpretation, this paper will explore Malaysia’s progress in empowering women and gender equality. Finally, this paper will suggest a way forward for Malaysia to empower women that have been marginalized and subordinated.

The arrivals and protracted presence of asylum seekers and refugees in Malaysia have been met with policies largely shaped by humanitarian approaches leading to inconsistent responses and impasse in achieving durable solutions to refugee dilemmas. This qualitative study using the method of desk review of materials such as books, journals and newspaper articles identifies the human rights protection framework for asylum seekers and refugees and the problematic implications and challenges for both refugees and the host country, Malaysia, due to the absence of a formal refugee protection framework at the national level. Despite gaps in and outdated nature of the 1951 Refugee Convention relating to the Status of Refugees, it calls for refugee legal protections to be based on a legal and governance framework rather than non-binding aspirations and ad hoc approaches. The latter has proved adverse to both the interests of the host state and refugee communities. The findings indicate that the impacts on denial and violation of the rights and protections of refugees across political, social and economic terrains are accompanied by risks to Malaysia’s public security and interests. The study concludes with several early recommendations on the need to firstly recognise the legal status of refugees in Malaysia and the urgency to design an adequate protection and governance framework complemented with a system of shared responsibility to protect and manage refugees who have been in protracted limbo for an average of 20 years, if not more, without durable solutions to their plight.

Pandemik COVID-19 2019-20 secara global berpunca daripada sindrom pernafasan akut teruk koronavirus 2 (SARS-CoV-2). Wabak ini pada mulanya dikesan di pertengahan Disember 2019 di Bandaraya Wuhan, Hubei China dan telah diiktiraf sebagai pandemik oleh Pertubuhan Kesihatan Sedunia (WHO) pada 11 Mac 2020. Secara umumnya, pandemik COVID-19 boleh membawa maut kepada penghidapnya dan hingga ke saat ini, pakar perubatan belum menemui ubat atau rawatan secara spesifik kepada pesakit COVID-19. Walaubagaimanapun, kajian mengenai kesan hibah yang dibuat bagi pesakit COVID-19 masih belum dijalankan secara terperinci. Justeru, kajian ini akan membincangkan mengenai konsep maradh al-mawt menurut fiqh dan perubatan. Penjelasan turut dibuat mengenai status penghidap COVID-19 kategori penyakit terminal atau maradh al-mawt menurut fiqh diikuti beberapa kes yang pernah dilaporkan berkenaan marad al-mawt. Akhir sekali, penulis juga turut menjelaskan mengenai hukum perlaksanaan hibah dalam situasi maradh al-mawt. Kata Kunci: hibah, maradh al-mawt, terminal, pandemik, COVID-19

Malaysia has agreed that all men and women are accorded equal right to citizenship under the Federal Constitution. Article 14 (1) (b) and Part II of the Second Schedule of the Federal Constitution provide for citizenship by operation of law for every person born outside Malaysia whose father is at the time of the birth a citizen of Malaysia. However, a Malaysian woman can apply for her child to be registered as a citizen under Article 15(2) of the Federal Constitution. In this regard, the Government has enhanced the implementation of Article 15(2) by way of an interim administrative procedure that was implemented on 1 June 2010 and applies to children born overseas after 1 January 2010 to Malaysian women who are married to foreigners. The core analysis in this article is to examine whether Malaysian laws on women and their children’s rights to citizenship is harmonious with the Women’s Convention. We analyse whether Malaysia has taken all appropriate measures, including laws, policies, administrative decisions and programmes, to eliminate women’s disadvantages based on the principal areas of concern and recommendations of the CEDAW in the concluding comments made against Malaysia following the list of issues and questions in relation to the combined third to fifth periodic reports of Malaysia following the Sixty-Ninth Session in Geneva from 19 February to 9 March 2018 and the application of equality informed by the Women’s Convention.

Medical treatment by Muslim doctors will sometimes be influenced by Islamic law and ethics rather than solely medical consideration. Muslim patient’s sometimes need reassurance that modern medicine that offered to them is also acceptable by Islamic law. Orthognathic deformities are condition which associated with discrepancies of the jaw. These deformities resulted from different rates of growth of the maxilla, the mandible or both. Performing cosmetic surgery seems to change the creation of Allah and the original law of changing Allah’s creation is prohibited. In assessing the orthognathic surgery law for patients with this dentofacial defect, the researcher found that the main issues that need to be investigated are the difficulties existed (Masyaqqah) and the level of patient harm in addition to the intention or purpose of performing orthognathic surgery. However, according to the principles of the Islamic jurisprudence, orthognathic surgery is permitted based on the principles such as ad-darar yuzal, al-musyaqqah tajlibu al-taisir, al-darurat tuqaddiru biqadaruha, irtikab akhaf al-dhararain, al-darurat tubihu mahzurat and al-umur bimaqasidiha. Orthognathic surgery can be done because the purpose is to treat defects and restore function. This objective is very consistent with the fiqh rules that stated, every harm and distress should be eliminated.

لا شك أنَّ تنÙيذ الأحكام الأجنبية الصادرة ضد الأشخاص الخاصة يختل٠عن تنÙيذ الأحكام الصادرة ضد دول من الدول، إذ ليس من السهل إجبار دولة على الخضوع لأحكام دولة أخرى أو حتى التنÙيذ جبراً عليها ÙÙŠ ما يتعلق بتنÙيذ الأحكام الأجنبية، لما ÙÙŠ ذلك من إنتهاك لسيادة الدول واستقلالها. ولحساسية الموضوع ولتعلقه بسيادة واستقلال الدول، ظهر نوع من المجاملة ÙÙŠ المجتمع الدولي تطور إلى أنْ أصبح مبدأ من مبادئ القانون الدولي، وأخذت به الكثير من الاتÙاقيات الدولية المتعلقة بتنÙيذ الأحكام الأجنبية. وبموجب هذا المبدأ أصبحت الدول تتمتع بحصانة ضد إجراءات التنÙيذ لا يمكن معها اتخاذ أي إجراء من إجراءات التنÙيذ ضدها إلا برضاها. وتظهر مشكلة البحث جليا ÙÙŠ الأثر السلبي لهذه الحصانة على تنÙيذ الأحكام، Ùهي حق من حقوق الدولة لا يمكن إنكاره، إلّا أنَّ هذا الحق يتعارض مع حقوق أخرى تتعلق بحق صاحب الحكم الأجنبي ÙÙŠ تنÙيذ حكمه، كما أنَّها تتعارض مع مقتضيات العدالة، كونها تمنع تنÙيذ الأحكام التي صدرت صحيحة عن محاكمة قبلت الدولة أنْ تكون طرÙا Ùيها. ويهد٠الباحث وباستخدام المنهج المقارن، إلى بيان ماهية الحصانة التنÙيذية وبيان مجال الدÙع بها، وكي٠يتم التنازل عنها، من خلال المقارنة بين بعض الاتÙاقيات التي عالجت هذه الموضوع Ùضلا عن التطبيقات القضائية والآراء الÙقهية إنْ وجدت. وقد توصل الباحث إلى أنَّ الحصانة التنÙيذية باتت حصانة نسبية تشمل Ùقط الأموال العامة أو السيادية غير التجارية، أما الأموال التجارية للدولة Ùيجوز التنÙيذ عليها بكاÙØ© طرق التنÙيذ، كما أنَّ هذه الحصانة ميزة للدولة ويمكن التنازل عنها وبالتالي تصبح كل أموال الدولة قابلة للتنÙيذ والحجز.

Falsification of documents does not only happen in civil courts. Shariah courts also face the same problems despite being ‘religiously’-oriented courts. It can be argued that, in the case of Malaysia, civil courts have clearer guidelines regarding the authentication of documents compared to Shariah courts. This study utilised a questionnaire survey as well as interviews in collecting data to measure the perceptions and opinions of relevant respondents with various stake holdings from those who practice law, with a Shariah and civil background. It should be noted that the key informants were comprised of forensic experts Shariah and civil practitioners. Analysis of the collected data indicates that the necessity of forming a legal forensic model is supported by the majority of the participants, which, therefore, implies that a forensic model that makes the authentication of documents more structured, clear and practical must be formed in Shariah courts. The practice of civil courts in relation to the authentication of documents should be used as a model in Shariah courts so long as they comply with the principles of Islamic law.

This study aims to discuss one of the effects of modern development in the law of evidence, focusing on the status of electronic signature on the occasion of the recent developments of information technology. This is due to the various approaches to the authentication methods exist in the Evidence Act, which relates to the issue of validity. It also needs experts in the said field to verify its validity. Other issue is the lack of knowledge on the Electronic signature among the Judges in courts. Based on the current problems, this study focuses on three main aspects; the definition of Electronic Signature based on Fiqh and the existing laws that support the definitions of Electronic signature. The second is on the terms and characteristics of the electronic signature and the third is the authenticity of the electronic signature in the evidence. This study is based on the method of analytical study of the texts of laws and projects, comparative study and different opinions, based on references and related scientific sources. From this study, we can conclude that an electronic signature is related to a sign, phrase, or procedure concerning letters, numbers, symbols, signs, sounds, or any combination that appears in an electronic form. We also find that there are certain conditions for electronic signature to make it an admissible argument in evidence in many respects in terms of delivery, storage and others. What is more, the laws of evidence have recognized the authenticity of an electronic signature and while the traditional signature is recognized under certain conditions

Justice is the ultimate objective of any judiciary system. The absolute justice is only belongs to Islamic judiciary system. However it is highly dependant on the quality of the implementation methodology that man could produce. In the Islamic judiciary system, especially to convict a zina, there are various methods in establishing evidence. Some of the methods are unanimously accepted while some others are not unanimously accepted. Al-qarinah is among those which are not unanimously accepted by the Islamic jurists. The Islamic law is actually dynamic. The dynamism lies on its flexibility, which is the main characteristic of the law itself. It is because the fiqh law is not isolated from reality, but derived from the analysis on the contemporary environments. The development in science and technology has changed the human civilisation and perception towards life. The development of knowledge in producing evidence scientifically such as DNA test, fingerprint etc. coupled with the more complex criminal behaviour, demand us to take a detailed and in-depth study to determine the status of al-qarinah in the contemporary Islamic judiciary system in order to make sure an Islamic law is relevant and effort to give a justice and positive perception among nation toward Islam.

Building refurbishment is an important sector in the Malaysian construction industry. The increase the number of building renovations, alterations, extensions and extensive repair works contributed to the high demand for refurbishment projects. However, refurbishment projects are more difficult to manage compared to new-built, due to uncertainty factors inherent in the projects. Therefore, this paper identifies factors that contributed to uncertainty and shows how it affects design performance of refurbishment projects. This paper was also extended to the used of coordination devices to improve design performance from the effect of uncertainty in the projects. Partial-correlation technique was used in data analysis to check any significant moderate effects of coordination devices to control the negative effect of uncertainty on design performance of refurbishment projects. Four (4) coordination devices involved in the partial-correlation tests. The results concluded that the use of lateral relations and architect’s characteristics are most likely reducing the uncertainty of client attributes towards design completeness before work started on site.

This article intends to examine the concept of manhaj and dawabit in issuing a fatwa. An account for manhaj attained through the consensus of fiqh scholars'opinions to assess its validity and compatibility with the syariah rulings. It further argues the importance of the knowledge of social science as an additional tool in issuing fatwa and extracting syariah rulings. It is acknowledged that issuance of fatwa only focuses on the zanniyy matters. However, the using of dawabit requires strict monitoring so that it will not go beyond the limits enshrined in the Quran and Sunnah. In principle, dawabit employed by the Prophet's companions had been arranged according to the systematic rules, known as manhaj or methods. A coherent and certain manhaj is the sole guideline referred to by the mujtahid in issuing fatwa from time immemorial. To comprehend the manhaj is vital to enable us to distinguish the thoughts and Ideas that were primarily based on correct principles and reasoning from those merely based on speculation or assumptions.