No abstract

In estate administration, the appointment of wasi is seen as one of the significant instruments because it may expedite the process of distribution of a deceased’s estate. Hence, wasi plays a vital role as manager of the deceased’s estate as he is responsible for collecting, maintaining, and protecting the estate pending on the final distribution. On the other hand, the estate should be properly administered, or otherwise to a certain degree it will contribute harm to the well-being of the community. Morever, it should be comprehended that, in dealing with Muslims’ estate this also should be consistent with Maqasid Al-Syariah or the objectives of Islamic law. Thus, the paper attempts to examine the appointment and duties of wasi in the context of maqasid al-syariah and the concept of hifz al-mal particularly. This study is based on a qualitative study and its approach is a content analysis methodology. The study discovers that the appointment and duties of wasi is consistent with the concept of Hifz al-mal as wasi is a person who is responsible to protect the property of the deceased from any possible harm or damage (mafsadah). The findings of the study provide insights for the importance roles and functions of wasi in managing Muslims’ estate. The study concludes that the concept of preservation of property in Maqasid al-Syariah should be applied to the major players in estate administration such as personal representative, executor, administrator and trustee in order to protect the rights of beneficiaries and avoid hardship to the beneficiaries in wealth distribution.

The recent covid-19 pandemic has seen a demand for medical products. The problem identified is that unscrupulous traders are seen to be taking advantage of the situation by selling illegal products. The Ministry of Health seized 23 278 illegal pharmaceutical products worth more than RM 600 000 during Operation Pangea XIII, which was conducted in 2020. One of the factors identified for such illegal activity is the prosecution and penalty imposed on the traders is ineffective in acting as a deterrent as the profits gained from selling the products are much higher than the fine imposed. Adopting a doctrinal approach, this article analyses the provisions for combatting illegal medical products in Malaysia. The article aims to assess whether the provisions successfully overcame the problems of illegal medical products on the market. It is submitted the present law is outdated. It was found that Malaysia should consider implementing DPA. This is because based on the experience of other jurisdictions, DPA is able to deter traders from selling illegal medical products by imposing hefty penalties. Thus, DPA will create healthy environments for the consumption of medical products for Malaysia consumers.

In the era of industrilization, the mass production and distribution of goods cross border has affected the buyers on the market. In order to meet the demand of buyers, the producers produced goods in large quantities without considering the quality of goods. Low quality of goods on the market will affect the buyer. Hence the existing law is important to protect the buyers when dealing with goods on the market. The Sale of Goods Act 1957 is the main Act which applies to contracts for the supply of goods in Malaysia. In a contract of supply of goods, implied terms are essential to cater for issues relating to the trader’s civil liability for goods. The weaknesses of the implied terms under the law of supply of goods have become barriers to claims for breach of contract. Currently, the Malaysian Sale of Goods Act 1957 does not adequately protect buyer when entering into a transaction of sale by description. Adopting a doctrinal approach, this article analyses the implied condition as to sale by description under section 15 Sale of Goods Act 1957. The article aims to assess whether the implied condition successfully overcame the problems of buyer in the market. It is submitted the present section 15 Sale of Goods Act 1957 is outdated. It needs a comprehensive revamp to reflect a more standardised and modernised approach. The Malaysian Sale of Goods Act 1957, as it stands, does not sufficiently safeguard buyer when they engage in a sale by description.