Pembangunan Ekonomi Orang Asli Di Semenanjung Malaysia: Pengajaran Yang Boleh Dipelajari Daripada Masyarakat Maori Di New Zealand

Hassan, Muhamad Sayuti; Umar, Kalsum; Razali, Marshelayanti Mohamad

doi:10.32890/uumjls2022.13.1.17

Cited by 3 publications

(2 citation statements)

References 5 publications

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“…The research utilises doctrinal legal research (Ansari & Negara, 2023) to delve deeper into the rights of women in the establishment and dissolution of marriage contracts under Oman's Personal Status Law. The data were collected via library research, much like the research conducted by (Romainoor et al, 2023) and (Hassan et al, 2022;HASSAN et al, 2023;Hassan & Nordin, 2020). The study investigates various international legal instruments, including CEDAW, in addition to Islamic law, as they pertain to the rights of women in Oman with regard to marriage and divorce.…”

Section: Methodsmentioning

confidence: 99%

Rights of women in the establishment and dissolution of marriage in Oman: between CEDAW and sharia perspective

Aghbari,

Hassan,

Mamari

et al. 2024

LJIH

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The Sultanate of Oman has acceded to CEDAW in 2005. However, Oman has reservations about a few articles of the said Convention because some of its provisions conflict with Islamic Sharia or Oman's national laws, including Article 16 of CEDAW. Therefore, the objective of this article is to critically analyse Article 16 of CEDAW and the extent to which Oman Personal Status Law addresses marriage and divorce-related issues is compatible or in conflict with the Convention. To accomplish this objective, the research employs doctrinal legal research and an analytical approach to examine the texts of the Convention and their Omani equivalents. The analysis revealed that the courts could enforce the articles of CEDAW to assert rights, except for the provisions that Oman expressed reservations about. Oman has reservations regarding several features outlined in Article 16 of the aforementioned Convention, as they conflict with Islamic Law. The study highlights that the Convention effectively governs certain areas that promote gender equality in family matters, including stipulating that a woman's permission is necessary for marriage and her entitlement to dissolve the marital union by divorce or khulu' under appropriate circumstances. In addition, Oman effectively implements certain provisions of the Convention to strengthen women's rights by modifying domestic legislation. In conclusion, the Oman National Law is consistent with the CEDAW, except for the State's reservations concerning the implementation of Article 16 of the aforementioned Convention.

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Section: Methodsmentioning

confidence: 99%

Rights of women in the establishment and dissolution of marriage in Oman: between CEDAW and sharia perspective

Aghbari,

Hassan,

Mamari

et al. 2024

LJIH

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“…Numerous factors, such as increased Māori political participation in Parliament and Māori relations with the majority population, contribute to better recognition of Māori rights in the decision-making process. In addition, Hassan et al (2022) observed that the standing and recognition of the Māori economy contributed to increased recognition of rights. To be on par with the Māori community, the government must be more proactive in promoting the development of the Orang Asli and respect the Orang Asli's participation in the decision-making process.…”

Section: Comparative Analysismentioning

confidence: 99%

Comparative Frameworks of Orang Asli Decision-Making Process and the Māori of New Zealand on Sustainable Development Goal

Hassan¹,

Nordin²,

Zahir³

et al. 2023

JSSM

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The primary objective of this article is to critically analyse Orang Asli's participation in decision-making by examining international law standards as well as Māori legal recognition and practices in New Zealand. The current study adopts a qualitative socio-legal approach to examine Malaysian law's legal framework on Orang Asli's participation and evaluate if the Aboriginal Peoples Act 1954 (APA) can provide for Orang Asli's protection. It could be argued that the APA's current provisions are insufficient and do not safeguard the Orang Asli's right to self-determination, as recognised by international law. This article also argues that Orang Asli and other indigenous peoples have a significant role in the decision-making process, as mandated by the UNDRIP, and so contribute to the attainment of the SDGs and the 2030 Agenda. The papers concluded that in the Orang Asli context, the legal recognition and practices of Māori in the decisionmaking process should be emulated. As a result, the current study suggests that the APA be amended to include unambiguous recognitions and mechanisms that allow Orang Asli to participate in decision-making. The recognition is required to ensure that the Orang Asli's right to self-determination is protected following international law norms and contributes to achieving the SDGs.

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Protecting the Well-being of the People with Disabilities in Achieving the Nation’s Sustainable Development Goals

Krishnamoorthi,

Shariff,

Yahya

et al. 2024

IOP Conf. Ser.: Earth Environ. Sci.

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As the nation is leaning towards achieving the Sustainable Development Goals (SDG), it is pertinent and crucial to look into the plights faced by people with disabilities in this country. This study delves straight into the current socio-legal climate surrounding them. It adopts methods of content and critical analysis when analysing the data qualitatively. The findings show that even though the overall social acceptance and reception have improved over the years, some members of the people with disabilities community have faced unfair treatment during job scouting, job interviews or while at work. From a legal point of view, an ambiguity in a provision under the Persons with Disabilities Act 2008 has resulted in inaccuracy and false interpretation by the local authorities, leading to poor and shoddy construction of public amenities for people with disabilities. Furthermore, the effectiveness of the Street, Drainage and Building Act 1974 in ensuring accessibility of public facilities for the people with disabilities remains questionable. In the concerted effort to achieve Goal No. 9 of developing quality, reliable, sustainable and resilient infrastructure supporting economic development and human well-being and Goal No. 10 of reducing income inequality under the nation’s SDG, the above-mentioned socio-legal problems must be urgently addressed.

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Pembangunan Ekonomi Orang Asli Di Semenanjung Malaysia: Pengajaran Yang Boleh Dipelajari Daripada Masyarakat Maori Di New Zealand

Cited by 3 publications

References 5 publications

Rights of women in the establishment and dissolution of marriage in Oman: between CEDAW and sharia perspective

Rights of women in the establishment and dissolution of marriage in Oman: between CEDAW and sharia perspective

Comparative Frameworks of Orang Asli Decision-Making Process and the Māori of New Zealand on Sustainable Development Goal

Protecting the Well-being of the People with Disabilities in Achieving the Nation’s Sustainable Development Goals

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