Law & Paneir

By Alice Erh-Soon Tay Since the end of the Second World War, numerous new, independent states have been created, springing from the former colonies in Asia. Originally applying to Europe, the words of Defoe and the 19th century quip are also timely reminders to the Asian states seeking in recent decades national identity and cultural uniqueness. So what is "new" about Asian nation-building and identity-seeking in the years following independence? There are several significant contexts in which they arose and which drove their course of development. These contexts have to be visited and given their place if we are to explain or seek to explain, how "Asian values" come to be used as a defining feature of present-day Asian societies, what they consist of and how they relate to the role of the rule of law in Asian societies. For most of the East Asian leaders the argument is as much about economic priorities as it is about treatment of subjects, people and peoples. ...

Abolish ISA Movement or Gerakan Mansuhkan ISA (GMI) was informed that four Indonesians who were detained under the Internal Security Act (ISA) for alleged links to international militant Jemaah Islamiyah (JI) and Darul Islam (DI) were released on 4 August 2008 and deported to Indonesia on 15th August. They are: i) Shahrial Sirin (Alleged JI): six -year detainee ii) Abdullah Minyak Silam (Alleged JI): six- year detainee iii) Zainuddin Suharno (Alleged DI): two- year detainee iv) Jaki Hamid (Alleged DI): two- year detainee v) Shahrial Sirin (Alleged JI) and Abdullah Minyak Silam (Alleged JI) Four were arrested in 2002 for suspected links to terror groups and served six years of detention in Kamunting without trial. The other two were arrested in 2006 for suspected links with terror and robbery. GMI welcomes the release of the four as they have not been proven guilty by any open court in Malaysia . We believe that the release of the four is the result of the persistent and continuous camp...

It's quite long that i did not penned down any comments. Sometimes i felt under duress or most of times i felt confused. Why? As a learned person i trying to undersatnd the mechanisms of law. As a person who upholds the rule of law and abides the law, I really confused. When i look at the world at large the creation of law is to satisfy the needs of a individu rather than to protect the people. I further in dilemma. What should i do? Should I just ignored what had been taught to me since my childhood or feel helpless that you actually cannot acheived anything. What am i want to acheive? What are my dreams? Whether my dreams are senseable? Do I need to please someone to fulfill my dreams? Martin L King and Mahatma Ghandhi. Why they died? What they had acheived? Whether their principles are followed? And What are they up to? So many questions. Still finding for answer. But I always have a hope. It's a singular. I know. That's the nature will always takes the good and eliminat...

Jurisdictional conflict between Islamic law and Civil laws in Malaysia A Review of the Judg,emt pf the Federal Court in Latifah Bte Mat Zin v Rosmawati Binti Sharibun by A L R Joseph, MA, LLBof Gray’s Inn, BarristerAdvocate & Solicitor(Malaya & Singapore) 1. Introduction In Malaysia, Muslims are governed, in (“substantially”) personal law matters, by Islamic law as set out in the various state Islamic law administration statutes. The High Court of Malaya and the High Court of Sabah and Sarawak do not have jurisdiction in respect of any matter within the jurisdiction of syariah courts. However, long before 10 June 1988 (when Article 121(1A) was created by amendment – Act A 704) a historical and embarrassing problem that civil courts faced in the Malay States (Tanah Melayu) was to be found in the the well-established assertion (to quote Thorne J in Ramah binti Ta’at v Laton binti Malim Sutan) that: ‘[Muslim law is not] a question of foreign law at all, bu...

To enable the Bank to meet the objectives of a Central Bank, it is vested with comprehensive legal powers under the following Legislation to regulate and supervise the financial system. These legislation include :- 1. Central Bank of Malaysia Act 1958 (Revised 1994) The Act provides for the administration, objectives of the Central Bank. It also enumerates the powers and the duties of the Central Bank in relation to issuance of currency, maintenance of external reserve, authorized business of the bank, specific powers to deal with ailing institutions, its relationship with the Government and financial institutions. The Act also contains general provisions on the Bank's accounts, powers to compound etc. 2. Banking and Financial Institutions Act 1989 (BAFIA) The BAFIA which came into force on October 1, 1989 provides for the licensing and regulation of institutions carrying on banking, finance company, merchant banking, discount house and money-broking businesses. It also provides fo...

BY Dr.S. Sothi Rachagan and Susheela Nair Like most ex-colonial territories, Malaysia emerged from colonial rule with laws identical in most aspects to that of the colonising country. This was so especially in relation to mercantile law. Sections 3 and 5 of the Civil Law Act 19561 provide for the reception of English common law and statutes in areas of mercantile law where there is no Malaysian statute. However, the law to be imported is the law "as would be administered in England in the like case on 7 April 1956 [the date the Act first came into force] if such issue had arisen in England". Unless the Malaysian Parliament enacts new laws or amends those inherited at the time of independence, the English law as at 7 April 1956 will apply Two statutes of great significance in consumer purchases are the Contracts Act 1950 and the Sale of Goods Act 1957; both are part of private law. The roots of both these statutes can be traced to the English 19th century ideal of equal barga...