Asian Journal of Law and Policy

Admissibility of Non-Muslim’s Witness Statement in Syariah Court: A Comparison Between Nyonya Binti Tahir and Kaliammal a/p Sinnasamy

2023-10-02T12:13:12+08:00

In January 2006, the landmark judgment made by the Syariah High Court of Seremban in the case of Nyonya Binti Tahir, Ex-Parte Majlis Agama Islam Negeri Sembilan that Nyonya Binti Tahir was no longer a Muslim at the time of her death and allowed her family to carry out her funeral. The decision was held after the Syariah High Court Judge considered the
deceased affidavit and the testimonies of the deceased children who are non-Muslims. The decision contrasted with one made in December 2005, Kaliammal a/p Sinnasamy v. Pengarah Jabatan Agama Islam Wilayah Persekutuan (JAWI), in which the Federal Territories of Syariah High Court determined that the deceased, Mount Everest climber Moorthy a/l Maniam, was a Muslim based on a military record, despite not having heard the testimony from his wife, Kaliammal. The Syariah Court of the Federal Territories refused to hear her testimony since she did not have any stand to testify in court. This case commentary critically analyses the rationale behind the Syariah High Court’s decision in the following case Nyonya Binti Tahir, Ex-Parte Majlis Agama Islam Negeri Sembilan in admitting non-Muslim testimony in the Syariah court.

Front Matter

2024-02-01T01:02:52+08:00

The Silent Threat: Human Trafficking and Migrant Smuggling Procedures Through the Eyes of the Courts in Malaysia

2024-02-01T00:20:26+08:00

Human trafficking and migrant smuggling are two severe international crimes. It is a worldwide problem, and it is particularly pernicious. There are many parts to human trafficking, including forced labour, commercial sex, and organ harvesting. Human traffickers are known to use violent, manipulative, and deceptive methods and tactics to lure vulnerable targets into situations of exploitation. In Malaysia, it is estimated that millions of men, women, and children worldwide are victims of these crimes. The international community has adopted the protocols and the United Nations Office on Drugs and Crime in assisting member states to combat these internationally organised crimes. However, there are inadequate laws, both substantive and procedural, in place to deal with those who perpetrate such crimes, to bring them to account for their misdeeds, and to protect the victims of such crimes where such crimes continue to flourish because of the high profits.

Judicial Accountability: A Comparative Note on India and Malaysia

2023-01-31T13:51:55+08:00

India and Malaysia are the countries having similar characteristics of the political system. The self-governed model of Judicial Accountability has been given impetus importance in Malaysia contrary to the Indian legal system. The Judicial Standards and Accountability Bill 2012 being a replica of the Judges Enquiry (Amendment) Bill 2005, has been pending before the Parliament for many years. On the other hand, the Malaysian legal system adopted the judicial standards way back in 1986. Inordinate delay on the part of the Indian legal system seems to be a major setback for the image of the biggest democratic country. The severe allegations against judges of the Supreme Court of India and High Courts and aborted efforts of the Parliament in ensuring judicial accountability have inspired the author to take up a comparative study of the topic. The paper starts with a cursory view of the judicial system in India and Malaysia followed by a conceptual analysis of judicial accountability. It outlines the status of judicial accountability as contemplated under the constitutional and legal framework of both countries. It concludes by identifying the similarities, dissimilarities, and best practices of both systems in the context of ideal practices required for judicial accountability.

Security Challenges in the Application of Blockchain Technology in Energy Trading

2023-02-21T12:47:36+08:00

This paper examines the interplay between blockchain technology and the energy sector, focusing on security limits, barriers, and challenges. The authors discusses the primary components of cyber risks, including threats, vulnerabilities, and impacts that plague blockchain systems and their application, network, and data layers. Further, anonymity is a key feature of blockchain, ensuring that blockchain users, nodes, and miners remain unidentifiable by any measure. Therefore, perpetrator-focused measures are not viable when assigning responsibility for dangerous and illegal conduct. There are concerns that the concealment of identity will broaden blockchain attack surfaces and pose risks to energy security. The authors also emphasises the need for a well-defined and consistent legal and regulatory framework to address the complexities of blockchain development in the energy sector and assert that the maturity of blockchain in this industry will depend on balancing security and user rights and suggest implementing ex-ante and ex-post measures. This paper is novel; the author seeks to provide an in-depth analysis of the security challenges faced by blockchain-based energy applications and offer practical solutions for mitigating these cybersecurity threats and vulnerabilities.

Legal and Social Issues of Stateless Children in Malaysia

2023-11-21T11:28:52+08:00

Malaysia does not have official records on the number of stateless people in the country. This lack of proactivity makes it challenging to identify the number of stateless people from the country’s population of ‘non-citizens’. For many stateless children, they are the products of this endless cycle of statelessness that transmits from one generation to the next especially when attempts to obtain a Malaysian citizenship from the National Registration Department fall futile. Though statelessness remains their only identity, it has also robbed them of State protection over the most fundamental human rights. This paper seeks to address the legal and social issues faced by stateless children in Malaysia. It begins by exploring the legal definition of a stateless child and the international minimum standard of protection that they are entitled to. The second part of the paper will then analyse the current Malaysian legal framework on statelessness, and how it fails to provide adequate protection for stateless children. This is followed by proposing potential solutions to the issue, such as amending the relevant laws and introducing awareness campaigns. Finally, the paper will conclude by outlining the importance of addressing statelessness in Malaysia and how this will benefit the stateless population.