This paper examines the adequacy of legal provisions governing the role of extended families in providing financial support under Malaysian law. This is to promote the importance of such function despite the breaking up of extended family relationships due to modernisation and urbanization. The study focuses on the Malay Muslim family where personal law is based on Sharīʿah and the role of extended family is an important component of the system. Besides, other forms of financial provisions are analysed to reflect the extent of familial relationship in response to the current needs.
The Malaysian Shariah Advisory Council ('SAC'), established under the Central Bank of Malaysia Act 2009 (Act 701), acts as an authority for the ascertainment of Islamic law in the operation of Islamic Financial Institutions ('IFIs'). Its decision is binding on all IFIs, the Bank Negara Malaysia, the Shariah Committee, the court of law and the arbitrators in Malaysia. Nonetheless, this power may be abused by the SAC to the detriment of the customer stakeholders as the SAC is immune from any legal action. This paper aims to examine the features and legal issues of the SAC. The examination uses legal research methodology. This paper finds that the immunity conferred on the SAC should be abolished and be subject to the judicial scrutiny for the benefits of the IFIs' development in Malaysia. At the ending part of this paper, the authors provide certain recommendations in regard to the issues discussed.
During internal conflicts, displaced victims are confronted with wide range of physical and psychological trauma to their persons coupled with loss of their homes and other life time investments. Relocating these victims to safe place (IDPs camps) alone will be far from given them much touted hope for returning to normal lives. At the international level, there is a growing recognition of the significance of extending reparation (which comprises of restitution, relocation, reintegration and compensation) to internally Displaced Persons (IDPs) as means of assuaging the impact of wrongful acts committed against them in accordance with the time honoured legal aphorism -ubi jus ibi remedium which means where there is a wrong there must be a remedy. In Nigeria, owing to multiple factors compensating victims for loss of homes and other tangible properties in particular is yet to arouse the needed attention that it deserves as government primary attention has continually been overwhelmed by the need to provide immediate succour. This article as a conceptual discourse attempt to x-ray the various context that reparation can be gauged for internally displaced persons arising from recurring internal crisis in
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