The implementation of financial technology (Fintech) in the Islamic finance industry has created a totally new phenomenon of banking and financial behaviour for the stakeholders, particularly in Malaysia. As part of the financial revolution, the Islamic finance sector ought to embrace Fintech to diversify the services/products offered as the digitalisation process is taking place in the Fourth Industrial Revolution era. In order to safeguard the assimilation of the technology into the existing traditional practice of Islamic finance, Shariah-compliant regulation is, therefore, necessary for governing the potential risks associated throughout the process of financial activities. Hence, this paper intends to analyse the need for Shariah-compliant regulation to govern Fintech-related activity in the Islamic finance industry. The article emphasises the need from several aspects such as the non-comprehensiveness of the Islamic Financial Services Act (IFSA) 2013; the increasing rate of financial inclusion and; the qualifications of the Shariah Advisory Council’s (SAC) members in Malaysia. It also provides recommendations through the introduction of subsidiary legislation pursuant to IFSA; production of regulatory sandbox framework especially for Islamic Fintech firms; and emphasis on the importance of SAC members possessing knowledge in technological aspect in order to ensure the need for Shariah-compliant regulation in the Islamic finance industry is properly satisfied.
Purpose -The purpose of this paper is to give a better insight to the legal society, practitioners and legislators of the working mechanisms of money laundering activities, as well as the functionalities of the Anti-Money Laundering and Anti-terrorism Financing Act 2003 (AMLATFA) in Malaysia, in curbing money laundering and terrorism funding activities. At the same time, the paper provides an overview on the applicability and practicability of the enforcement mechanisms in Malaysia by exploring legislations from different jurisdictions that are more developed. Design/methodology/approach -The paper achieves this by having a cross-sectional analysis onto the legislation in Malaysia such as AMLATFA and also similar legislations found in countries such as the UK. A complete insight is further gained by having interviews with experts in the judiciary, Bank Negara, as well as the experts from the Attorney General's Chamber in Malaysia regarding their insight into the subject matter. Last but not least, the authors also surveyed into the different points of view from journal articles in Malaysia and globally. Findings -Malaysia has a legal framework for curbing money laundering but the current AMLATFA provisions are considered to have failed to be effectively enforced. A more comprehensive, specific and well elaborated legal framework will have to be laid down in order to create a better platform for the prosecutors to bring a good case against these money launderers. Practical implications -This paper will give a deeper insight to the legal society of the capability of AMLATFA and the lack of it, in curbing money laundering in Malaysia and, at the same time, creating awareness among policy makers of the difficulties faced by the enforcement bureaus in prosecuting these money launderers due to the lacunas in the current law. Originality/value -This paper could be useful source of information for practitioners, academics, policymakers and students and a guide for any possible future amendments to the current insufficiency.
This is an Open Access article distributed under the terms of the Creative Commons Attribution-Noncommercial 4.0 Unported License, permitting all non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Gambling is a serious issue that comes with wide-reaching social, political, and economic consequences if not tightly monitored by governmental authorities. The advent of technology has provided gambling operators a virtual platform that caters to gamblers over the internet. Malaysian legislation that deals with gambling was drafted before online gambling came about. Malaysia has yet to introduce any amendment to existing legislation to better equip it with sufficiently clear wording and provisions for the purpose of regulating online gambling. The aims of this article are to (1) examine the prevalence of online gambling in Malaysia today and (2) analyze the application of existing legislation to regulate online gambling. In this article, the above aims are analysed from a legal perspective based on a qualitative doctrinal research method involving journal articles, relevant news articles, and Malaysian legislation. The finding of this article establishes that unregulated online gambling is growing into a pressing issue in Malaysia and relevant local legislation needs to be updated to better deal with its challenges. This article is not meant to be an all-encompassing thesis but to serve as an introductory guide into this niche area of the law.
The aim of this paper is to create awareness of the threats of online gaming to Malaysia and the International society in various areas such the involvement of money laundering via online gaming. It also includes suggestions of countermeasures and regulations that could be implemented in Malaysia. The paper will achieve this by having an insight of the accessibility of the online gambling to Malaysians and the law and regulations available in Malaysia to combat and cater the existence of online gambling. Law regulating gambling in general could be found in Betting Ordinance 1953 and Common Gaming House Act 1953. Account of initiatives taken to be taken by the Malaysian government will be in scrutiny in this paper. In addition, a review into the other jurisdictions from United Kingdom, United States and the available international law and regulations on online gambling such as the European Commission Green Paper: Online Gambling in the Internal 2011. Besides, the paper will also be viewing into the legislations of Commonwealth countries such as Australia on the online gaming such as the Interactive Gaming Act 2001. Nevertheless, there will be an in-depth view relationship of money laundering and online gambling. There will be suggestions of possible mechanism to regulate the online gambling activities in Malaysia in order to protect the interest of the people. Malaysia has legislations on gambling which do not specifically touches on online gambling and probably could be revised with new provisions in regulating the new entity, the online gambling. The practical implication of this paper is to emphasise the utmost importance of having awareness and revised strategies against the threat of online gambling which involved the unlimited access of internet and the inevitable necessities of new legislations and control mechanisms by the government authority to curb the peril. This paper could provide
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