Justice In Malaysia Research Articles

A case study on academic and vocational training for child offenders undergoing a multisystemic therapy-based rehabilitation order in Malaysia

Education and vocational training play a crucial element in the rehabilitation process of child offenders. They develop valuable characters of an individual, contributing to a long-term positive impact that includes a brighter future and life opportunities. This paper discusses the importance of the Multisystemic therapy (MST) approach, particularly its academic and vocational training input, as a rehabilitation component for child offenders. Based on a case study in Kuala Lumpur that examines the practice of restorative justice in Malaysia's juvenile justice system, the study emphasizes a community-based rehabilitation program that underlies the MST approach in promoting educational and vocational training for child offenders to show the significant link between social rehabilitation and academic and vocational training. The study confirms that all child offenders who participated in the study had dropped out of school. These individuals did not receive either academic education or vocational training throughout the rehabilitation process in the community. Therefore, this study suggests that the local community-based rehabilitation program for child offender genuinely follow the MST approach, mainly its academic and vocational training input. This suggestion is critical to ensure that the country's juvenile justice system grants all child offenders the opportunity to pursue an academic education or vocational training. It is vital for their future development.

The impact of COVID-19 pandemic on the administration of justice in Malaysia

"The impact of COVID-19 pandemic on the administration of justice in Malaysia." The Round Table, 109(6), pp. 752–753

Right to justice and legal aid barriers to the vulnerable non-citizens in Malaysia

Legal aid is the provision of assistance to people who are unable to access legal counsel in the justice system. It is regarded as an important aspect of the right to justice. In Malaysia, migrant workers and refugees are among the most vulnerable population, facing unequal and discriminatory treatments compounded by ineffective mechanisms to guarantee their right to justice. Malaysian legal aid schemes strive to serve various segments of vulnerable population to access legal assistance but tend to confine it to Malaysian citizens. Consequently, migrant worker and refugee population are remained vulnerable, and at risk of their rights being ignored and violated. This study argues that despite the evolution of legal aid schemes into a hybrid system that paves the way for a more robust public-private partnership – it does not result in the expansion of services to the vulnerable non-citizens. Deriving from several key informant and in-depth interview sessions with vulnerable non-citizens in Malaysia, this study highlights four key barriers hindering the provision of legal aid to the vulnerable non-citizens. They are: (i) limited scope of legal aid’s coverage; (ii) financial constraint; (iii) limitation in private lawyers’ participation in legal aid schemes; and (iv) the lack of awareness. Drawing from Rawls’s theory of justice, this study conclude that the failure of social institutions in particular the legal aid providers to provide adequate access to legal aid to the vulnerable non-citizens suggests unfair distribution of justice in Malaysia’s modern social justice system. Keywords: legal aid, migrant workers, non-citizens, refugees, right to justice

Punca Kuasa dan Bidang Kuasa Pegawai Penguatkuasa Agama Islam Berkaitan Enakmen Kawalan Pengembangan Agama Bukan Islam Kepada Orang Islam di Malaysia

According to the provision under Article 11(1) of Federal Constitution, those who professing non-Islamic Religion can practice their belief freely, subject to the restriction that they cannot propagate their belief to Muslims. Meanwhile, Article 11(4) of Federal Constitution gave the authorization to the state in Malaysia to control or restrict the propagation of any religious doctrine or belief among Muslims. In relation to both provisions stated above, triggered an enactment on Controlling and Restricting the Propagation of Non-Islamic Religion to Muslims, which has been legislated since 1980 by the state of Terengganu, and then followed by other states in Malaysia. To date, after 37 years of legislation and introduction of the enactment, all states in Malaysia have gazetted this except Federal Territories of Kuala Lumpur, Pulau Pinang, Sarawak, and Sabah. However, there were only seven out of ten states has gazetted the authority to their Islamic Enforcement Officers to execute the law. The purpose of this article is to give justification about the source of power and jurisdiction of the Islamic Enforcement Officer related to the said Enactment. From 2014 to 2017, twelve (12) Islamic Enforcement Officers has been interviewed structurally and non-structurally in order to obtain related information pertaining to this issue. This study revealed that the respondents (Islamic Enforcement Officers) were not aware about the existence of the said Enactment in their states as well as about the power and jurisdiction that are already in their possession, including when facing any cases in court against the non-Muslim accused. Therefore, the importance of this research is to empower the institution of justice in Malaysia in handling the issues of propagation of the non-Islamic Religion towards Muslims, in corresponding to limit the rights of propagating religion, as provided under the Federal Constitution.

Role of Emotional Intelligence and Mental Health in Improving Performance

Emotional intelligence has been concerned due to its contribution in enhancing occupational mental health at workplace. Many studies had been conducted to examine its role in improving the overall performance of organizations. Till the recent years, new insight has been brought up in examining the effect of emotional intelligence on organizational justice. However, there is insufficient empirical evidence in proving the significant impact of emotional intelligence on organizational justice, especially in Asia context, particularly Malaysian manufacturing sector. Malaysia is known as collectivism country, where the matter of fairness is highly concerned. Hence, it is important to investigate how emotional intelligence improve the perception of fairness among the employees in Malaysia context. Therefore, this conceptual paper proposed to examine the impact of each emotional intelligence's dimensions on the organizational justice, which might contribute to the existing literature of the effect of emotional intelligence towards organizational justice in Malaysia.

English Language and an Inclusive Malaysia

This article seeks to discuss the pressures and forces which define the Malaysian English language debate and suggests that a new social compact involving a renewed commitment to democracy and social justice in Malaysia may be the necessary social context needed to address the increasingly unstable tension between nationalist language concerns and the pressures of globalization. In this article we shall argue that the way to avoid the English language debate from getting stuck oscillating between the Scylla and the Charybdis of nationalist and globalist discourses is to try to move the argument around language to one informed by progressive political economy and democratic theory. This also has the advantage of potentially undermining the politics of social division and cleavage which can derail progressive initiatives such as improvement of English in plural societies such as Malaysia. Keywords: English language; democracy; plural society; globalization; nationalism

Speaking Islamic: self-actualisation and justice in Malaysia and India

ABSTRACTThis paper highlights the contingency and epistemological heterogeneity of bottom-up calls for Islamisation in Malaysia and India. Using Shahab Ahmad’s conceptualisation of Islam as a langu...

Perception on justice, trust and tax compliance behavior in Malaysia

The relationship between justice and trust with tax compliance behavior in Malaysia was studied. Previous studies have acknowledged the perception that justice does have an impact on tax compliance. This study distinguishes justice into procedural justice, distributive justice, and retributive justice. Therefore, this study examined the effect of these three types of justice on tax compliance. Trust also influences the act of tax compliance and it also has a relationship to the element of justice. Perceptions from individual taxpayers were gathered using questionnaires from previous studies. The findings suggest only procedural justice and trust affect tax compliance and procedural justice was positively and significantly correlated to trust. However, trust does not mediate the relationship between justice and compliance. This research will contribute to the tax literature with widened scope on justice in Malaysia.

Humanizing the Sacred: Sisters in Islam and the Struggle for Gender Justice in Malaysia. By Azza Basarudin . Seattle: University of Washington Press, 2016. 330 pp. ISBN: 9780295995311 (cloth, also available in paper).

Humanizing the Sacred: Sisters in Islam and the Struggle for Gender Justice in Malaysia. By Azza Basarudin . Seattle: University of Washington Press, 2016. 330 pp. ISBN: 9780295995311 (cloth, also available in paper).

Institutions and Mechanisms for Internal Conflict Resolution: Legal and Non-Legal Means in Resolving Dispute and Attaining Justice in Malaysia

Seeking justice is a noble cause and dispensing justice is an obligation that the state must fulfill. Under the doctrine of separation of powers courts exist to protect people and their rights, to guarantee fairness and justice for all. The task to combat injustices, produce a just ordering of society, ensure a fair distribution of material and legal resources, safeguard the rule of law, promote equality, ensure proportionality in punishment, and protect entitlements and legitimate expectations should not be put on the shoulders of judges and courts only. It must be spread out and shared by other institutions and by whatever means available

Humanizing the Sacred: Sisters in Islam and the Struggle for Gender Justice in Malaysia

Humanizing Sacred: Sisters in Islam and Struggle for Gender Justice in Malaysia. by Azza Basarudin. Seattle and London: University of Washington Press, 2016. Softcover: 330pp. Sisters in Islam (SIS) is a non-governmental organization (NGO) that advocates for Muslim women's rights in Malaysia. The NGO works within an Islamic framework, reinterpreting sacred texts through a feminist lens. Members of SIS have been labelled as deviants by Islamic authorities, have had their books banned, received threats and had a fatwa issued against them. Humanizing Sacred is a richly detailed ethnographic account of this path-breaking organization. Basarudin's book has two goals. The first is examine the possibilities and challenges of translating feminist interpretations of Islam into grounded activism effect change in social mores and legal codes, and illuminate how women's activism within Islam is a space of dissent and of remaking 'Muslim' self and identity (p. 5). The second is to explore activism as space for women transform themselves into political actors and visible women subjects in public sphere (p. 6). The work of SIS in understanding primary sources of Islam, such as Quran and sunna (practices of Prophet that include hadith, traditions/ narrations) through a feminist reinterpretation allows for a vision of Islam that is kind, compassionate and compatible with human rights values of equality and justice. This new form of knowledge-making challenges patriarchal interpreters and traditional religious institutions. This book examines SIS' struggle reclaim women's human dignity as believing Muslims and call on their communities re-evaluate communal and moral obligations, as well as ensure that Islam remains a 'living' religion (p. 5). Carefully researched and thoughtfully written, author's writing style draws on Kirin Narayan's enactment of hybridity, interspersing narratives with analysis as a strategy that problematizes the dichotomies of theory and praxis, personal and professional, insider and outsider, and authentic and inauthentic (p. 27). This strategy works well, and makes for an engaging and lively book. Chapter 1 provides cultural and political context by describing history of British colonial intervention and institutionalization of Islam in national laws and policies after independence. Chapter 2 introduces reader life histories of SIS' founding members, their personal trajectories and struggles, and how their understanding of Islam informs organization's vision of equality and justice. Chapter 3 examines strategies employed by SIS by looking at specific advocacy campaigns and other activities such as study sessions and workshops, illustrating process of translating feminist interpretations of sacred texts into grounded activism. Chapter 4 examines state power and religious authorities' invalidation techniques silence alternative discourses. Chapter 5 discusses how SIS members provide an alternative model of female leadership by showing that women can be powerful knowledge producers and transmitters. Chapter 6 assesses impact of SIS' activism at international level and vice versa. Here author focuses on Musawah, a transnational initiative spearheaded by SIS, highlighting NGO's global success but also impact and repercussions it has within Malaysia. Humanizing Sacred joins a line-up of innovative studies on Muslim women's participation in faith-based movements that extend our understanding of agency and resistance, such as Saba Mahmood's Politics of Piety: The Islamic Revival and Feminist Subject (2005), Lara Deeb's An Enchanted Modern: Politics and Piety in Shi'i Lebanon (2006) and Sherine Hafez's An Islam on Her Own: Reconsidering Islam and Secularism in Women's Islamic Movements (2011). …

Humanizing the Sacred: Sisters in Islam and the Struggle for Gender Justice in Malaysia, written by Azza Basarudin, 2016

Humanizing the Sacred: Sisters in Islam and the Struggle for Gender Justice in Malaysia, written by Azza Basarudin, 2016

Challenges and Prospects on Access to Justice in Malaysia

This thought is about the challenges and prospects of access to justice that is thriving at the moment in Malaysia. Even though the Federal Constitution of Malaysia does not enumerated explicitly on the right to access to justice, judicial creativity was employed to declare that access of justice is embodied in Art 8 of the Federal Constitution. The aspiration of the judiciary is honoured by members of the legal fraternity and the government when they combined effort to ensure that the grievances of the people are effectively addressed. An illustration and examination on the effort taken by the executive, legislative and the judiciary for the purpose of broadening and facilitating access to justice in Malaysia is described in the discussion. The discussion will explore on the challenges faced by the actors as well as the prospects to upgrade the opportunity on access to justice.

Administration of Justice in Malaysia

Administration of Justice in Malaysia