The prosperity and success of a society heavily depends on the strength of the relation of its individual members, thus family constituting the fundamental unit of the structure of society provides the avenue for initiation of such relation among the individual members. Marriage as the only process through which families are brought into existence can play a very significant role in formulation of a good and cordial relation between individual at the micro level in the society hence, extending it to macro level. Therefore, this paper attempts to delineate on the significance of marriage in Islam, its purposes and role, in creation of cordial relation among the members of the society. This paper using an analytical method concludes that marriage leads to formation of cordial relation among family members hence result an integrated social relation network in the society.
The inclusion of welfarist ideology in the consumers’ trade derived from the ideal of paternalism is a paradigm change from the doctrine of freedom of contract. Regulatory and legislative steps must be taken to support and attract consumers to the industry. Judicial and legislative actions must be taken to correct the market flaws that create consumers’ vulnerability while trading in the global market. As one of ASEAN members’ founders, Malaysia is moving towards people-centered economic endeavours to balance both industry and consumer interests through exclusion clauses to prevent unfair practices in consumer contracts. Legal intervention is one of the ways to curbing the issues that arise from exclusion clauses. Before 2010, the non-existence of a specific regulatory framework to limit exclusion clauses usage in contracts involving consumers further increases consumers’ vulnerability. Traditional judicial approaches in the battle against coercion and unethical behaviour of traders before 2010 did not engross consumer rights and interests. This sign is, in fact, the modern age of customer contracts, the enforcement of unfair terms. This article used the content analysis technique and analysed the evolution of legislative interference and judicial approaches in interpreting exclusion clauses in contracts involving consumers in Malaysia and Singapore.
Generally, a subject of legal obligation is bound to perform his/her obligation regardless of whether the source of the obligation comes from the Lawgiver or is initiated by the subject of the law himself. Contract is a source of obligation which is initiated by a subject of legal obligation. Therefore, a person who makes a contract is responsible to the contract he concludes. Thus he is obliged to observe and perform his duty as agreed upon in the contract. In some cases, additional conditions or stipulations are included in the contract. Theses stipulations or conditions present a form of obligation that has to be complied with by contracting parties. The purpose of this study therefore, is to examine whether additional conditions can be added into the contract from the perspective of Islamic law and Malaysian law or otherwise. Thus, this study attempts to elaborate on the concept of stipulations its nature and types from Islamic and Malaysian laws points of view. The study also analyzes the similarities and differences of the concept of stipulations between both laws. The study uses comparative and analytical methods. The finding of the study shows that the term of stipulation and its types in Islamic law and Malaysian law are similar. Therefore, it is suggested that the contracting parties before making any stipulation to their contract to seek the advice of experts in order to make sure their contract is according with the law and is Shari'ah compliant.
One of the issues that often circulates among newly recruited Sharia lawyers is the lack of the required capability or aptitude to be a Sharia counsel, especially when conducting legal counseling with clients.
A misrepresentation occurs when one party makes a misleading statement that influences the other party's decision to enter into a contract. The other contracting party's voluntary permission to enter into the contract is nullified by the misleading conduct, and that party is entitled to remedies. Therefore, the purpose of this study is to provide an analytical and critical case-by-case analysis of contract misrepresentation in Malaysian and Australian legal systems. The methodology used in this study is legal analysis approach by analysing the law and court cases in Malaysia and Australia. According to the findings, judicial judgements in Malaysia have provided remedies in some circumstances. The study discovered that in Malaysia, court rulings gave contract rescission remedies in some situations, but in others, the court awarded contract rescission along with damages. Contract rescission, on the other hand, is a remedy specifically granted under the Contracts Act 1950. This situation is perplexing because each remedy has different objectives. In comparison to Australia, where the award for each case is determined by the state's legislation, there is a major difference. By reference to the Contracts Act 1950, it is proposed that the provisions be examined to verify their appropriateness with the application of Malaysian misrepresentation laws. By referring to the legal requirements in Australia as a guideline, it is proposed that the provisions in the Contracts Act 1950 be examined to guarantee their appropriateness with the application of Malaysian misrepresentation laws.
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