From Undang-undang Melaka to federal constitution: the dynamics of multicultural Malaysia

Nor, Mohd Roslan Mohd; Abdullah, Ahmad Termizi; Ali, Abdul Karim

doi:10.1186/s40064-016-3360-5

Cited by 15 publications

(3 citation statements)

References 12 publications

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“…7. This can be seen in the British construction of the Charters of Justice in 1826 in Melaka and in the Straits Settlements of Singapore and Penang (Nor et al. , 2016).…”

Section: Notesmentioning

confidence: 99%

Self-correction, control and accountability in the ancient Melaka Kingdom (1401–1511 AD)

Mustafa

Ibrahim²

2023

AAAJ

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PurposeThe purpose of this paper is to study the governance structure in the ancient Melaka Kingdom (1401–1511 AD) using historical Hukum Kanun Melaka (the Land Law) and Undang-Undang Laut Melaka (the Maritime Law). The focus is on self-correction, control and accountability that were used to preserve the peace and well-being of society and the overall harmony of the community during the period.Design/methodology/approachThe study employs close readings to discover and identify implicit formal and thematic elements of the texts into a meaningful enactment. The study is based on historical archival research at the National Archives of Malaysia and at the National Library of Malaysia.FindingsThough classical, the underlying accounting practices were shown to consummate in an articulated model of measurement activities based on specific proportion of gold in tahil measurement, used for slaves, free men and stolen animal and property value. Controls were established through punishment and penalty. Accountability functioned in different levels and degrees hierarchically and horizontally.Research limitations/implicationsThe study excludes the improved sections of the laws that are based on the Islamic perspective. The discussion is limited to the indigenous adat sections of laws only although the sections may inseparable with the Hindu/Buddhist tradition.Originality/valueA study of these classical laws would be a reference for accounting publication in the Malay world which has been stationed in the gallery for many years, awaiting discovery.

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“…7. This can be seen in the British construction of the Charters of Justice in 1826 in Melaka and in the Straits Settlements of Singapore and Penang (Nor et al. , 2016).…”

Section: Notesmentioning

confidence: 99%

Self-correction, control and accountability in the ancient Melaka Kingdom (1401–1511 AD)

Mustafa

Ibrahim²

2023

AAAJ

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“…It was argued that unless the State Legislature does not enact any relevant laws that allows the Syariah Court to hear cases other than stipulated in the State List of the Federal Constitution, there is no obstruction to the Civil Court to exercise its jurisdiction. This decision does not however take into account the case of Ramah v Laton [1927] FMSLR (CA), which recognized Islamic law as a whole, and not just what is enacted (Abdul Rashid, 2013;Mohd Nor, Abdullah, & Ali, 2016;Wan Adnan & Buang, 2019). Based on these cases, a re-evaluation of the application of binding precedent should be undertaken to ensure and realize the harmonization of court jurisdiction and justice of the judgments.…”

Section: Issues Of Implementation Of the Doctrine Of Judicial Precedent In Malaysiamentioning

confidence: 99%

Application of the Doctrine of Binding Precedent in Malaysia: A Re-Evaluation

Muhamad¹,

Kamarudin²,

Samat³

et al. 2020

JPL

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This paper aims to analyze the issues concerning the implementation of binding precedent in Malaysian cases, and propose a re-evaluation of the binding precedent doctrine. The qualitative approach was employed to indicate the issues related to the doctrine of binding precedent by analyzing relevant cases. These cases were selected to propose the re-evaluation of the binding precedent doctrine as practiced by the Malaysian dual-judicial system. The main issue to be discussed regarding the doctrine of binding precedent is interference by the Civil Court on Islamic matters and Syariah Court decisions, which lead to inconsistency in judgments, even after the amendment of Article 121(1A) of the Federal Constitution. This study proposes that the application of binding precedent should be re-evaluated to ensure that the principles of justice are upheld. Court judges should decide cases based on merit, and only use previous judgments as guidance for present and future cases.

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“…The integration of Islamic values into Malaysian society has a profound impact on policies and legal considerations. Among them, Malaysia has a dual legal system in which the constitution divides the jurisdiction between civil and Shariah courts [3,4]. Shariah courts have jurisdiction over matters governed by Islamic law, including personal matters, family law, and inheritance, but their jurisdiction is limited to Muslims [5].…”

Section: Introductionmentioning

confidence: 99%

Exploring Factors Affecting the Sustainability of Islamic Affairs in Malaysia: An Interpretive Structural Modeling (ISM) Approach

Zulkefli,

Nuri Al-Amin Endut,

Abdullah

2024

IJSDP

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In Malaysia, Islamic affairs institutions play an essential role in ensuring the development and progress of Islamic affairs. However, in most cases, the institutions in charge of Islamic affairs face many challenges in maintaining the purity of the Islamic faith and teachings in this country. In response to this, it is imperative to understand the factors that can enhance the sustainability of Islamic affairs. Therefore, the objective of this paper is to explore the factors affecting the sustainability of Islamic affairs in Malaysia. By integrating Interpretive Structural Modeling (ISM) and Matrix of Cross-Impact Multiplications Applied to Classification (MICMAC), this study developed a novel model to ensure the sustainability of Islamic affairs. The findings of the model indicated that Islamic Religious Education (IRE) is the most influential factor in creating the sustainability of Islamic affairs. On the other hand, Society Well-Being (SWB) is the most dependent factor influenced by all other factors considered in this study. Accordingly, it is postulated that the identification of significant factors and the utilization of the proposed model could guide various stakeholder groups, such as policymakers, policy executors, and Islamic affairs practitioners, to achieve long-term sustainability. This model could also be adapted by Islamic institutions in other countries to formulate appropriate efforts to strengthen the development of Islamic affairs based on the critical factors of relationships.

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From Undang-undang Melaka to federal constitution: the dynamics of multicultural Malaysia

Cited by 15 publications

References 12 publications

Self-correction, control and accountability in the ancient Melaka Kingdom (1401–1511 AD)

Self-correction, control and accountability in the ancient Melaka Kingdom (1401–1511 AD)

Application of the Doctrine of Binding Precedent in Malaysia: A Re-Evaluation

Exploring Factors Affecting the Sustainability of Islamic Affairs in Malaysia: An Interpretive Structural Modeling (ISM) Approach

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