Preventive detention refers to the incarceration of an individual who has not yet been convicted, to prevent him from causing harm or endangering the community in some unspecified way. It can be seen as the deprivation of an individual’s liberty based on the belief that he may be a danger to others. The issue of preventive detention of children is very controversial and has attracted debate among various legal scholars. In Malaysia, provisions contained in specific statutes that aim to prevent terrorism or threats to national security have been invoked to justify the preventive detention of children. The practice and application of these statutory provisions on children have been subjected to various criticism. This paper aims to analyze current Malaysian laws pertaining to the preventive detention of children. It encompasses qualitative research of doctrinal and comparative nature. It will critically analyze legal issues in this area with reference to international standards and practices of other legal systems. The study concludes that the legal reform of the current Malaysian legal framework on this aspect is urgently needed to protect the rights and interests of children during the juvenile justice processes. Therefore, the study provides recommendations towards the improvement of the existing laws and policies on the preventive detention of children.

The Fourth Industrial Revolution (IR 4.0) has undeniably affected the way of life of people, including children. The rapid development of the internet and digital technology coupled with unlimited, easy, and fast access make children highly susceptible to harm arising from the use of social media, films, or games. This situation may expose children who are beyond control to immense threats due to poor relationships with their parents and family members. The beyond control children may be found anywhere. They are the children who frequently disobey their parents’ orders and are notorious as “status offenders” at the international level. Despite the non-criminal nature of their misbehaviour, children who are beyond control are often treated like criminals through court proceedings and detention orders. Meanwhile, numerous international conventions and guidelines have been signed including the United Nations Convention on the Rights of the Child to protect the welfare of all children. However, to what extent do these conventions protect the children who are beyond control? What are the principles applicable to these children, and how are they protected? Thus, this study was done to analyse the extent of protection provided by international conventions for the rights of children who are beyond control and to suggest suitable programmes for the implementation of the international principles in the IR 4.0 era. This qualitative study employed the library research method for data collection. It analysed numerous documents including international conventions, statutes, books, journals, conference proceedings, and reports. This study found that the international conventions provide protection to the children who are beyond control through several principles including the best interest of the child, family and government responsibilities, institutional placement, prevention of delinquency, and diversion. These principles may be applied through diversionary programmes including counselling, family group conference, family and school programme, and mentoring programme.

The importance of understanding the factual reality (fahm al-waqi‘) has been extensively discussed by Muslim jurists in their discussion pertaining to Islamic legal theory. It has been accepted as an important component for the practice of ijtihad and recognized as a valid justification for the renewal of ijtihad. In light of the above, yet in a different setting, the paper discusses the concept of al-da ‘wa and the significance of understanding the fact of a legal dispute (fahm al-da‘wa) in Islamic trial process. It examines the significance of fahm al-da‘wa by the trial judge in the trial process. The study proves that the understanding of the facts of the cases assumes a very critical position in the trial process, the laxity of which will affect the propriety of judicial decisions and thus leading to injustice. Further, the paper argues that the kind of facts that need to be ascertained and understood by the trial judges are not limited to the specific occasions of the cases, rather the general circumstances and the reality of the living conditions of the times need also to be taken into consideration. Finally, the paper avers that the requirement to understand the facts of the cases necessitates a kind of undertaking in the nature of ijtihad which is to be carried out by all judges regardless of their status whether they are mujtahid (jurist) or muqallid (imitator).

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In Islamic law, al-syuf’ah affords the co-proprietors of undivided shares in a property the preferential right to purchase the shares of other co- proprietors before the shares can be offered to outsiders. In the context of Malaysian land law, the study on al-syuf’ah has its own significance as it is closely related to the concept of co-proprietorship of land (CPL) under the National Land Code, 1965 (NLC). It is well known that many issues are confronting the CPL. Most of the problems accrue from unhealthy relationships among the owners which then develop into developmental and economical aspects of the land. On the above facts, this study examines the potential of al-syuf’ah in addressing these problems as well as the possibility of employing the rules of al-syuf’ah alongside the country’s land law. To undertake the research, the data is collected from the library-based literature which then analysed using inductive, deductive as well as comparative methods. The study finds that there are leeways that allow for the implementation of the rules of al-syuf’ah alongside the existing land law. The rules of al-syuf’ah if implemented would be able to solve some of the existing problems and to prevent the problems from recurring in the future.