State Enactments Research Articles

Wasiat kepada Anak Tidak Sah Taraf: Analisis Terhadap Enakmen Wasiat Orang Islam bagi Negeri-negeri di Malaysia

Currently, Malaysia has seven enactments related to wills that have been gazetted by seven states, namely Selangor, Negeri Sembilan, Melaka, Kelantan, Pahang, Sabah, and Perak. There are clauses in six of these enactments that prohibit will to illegitimate children (ATST), while one enactment allows it. Therefore, the objective of this study is to compare the practice of issuing will to ATST across seven enactments in Malaysia. It also seeks to examine the inheritance rights of ATST based on legal sources in Islamic law, as well as the perspectives of scholars on this issue. The discussion begins with the definition of illegitimate child, followed by a comparison of the seven state enactments on this issue. Next, the related Shariah issues are summarized with a discussion from the perspective of legal reasoning and the presentation of the views of Islamic jurists (fuqaha). The selected view is summarized and concluded at the end of the discussion. This study primarily employs the library research method for data collection and analyzes the data using descriptive, deductive, and comparative approaches. The study concludes that the provision allowing bequest to ATST is the most accurate. This is in line with traditional jurisprudence debates in various schools of thought that do not specifically prohibit ATST from receiving wills. However, ATST are subject to the same other conditions as other will recipients.

THE ROLES AND RESPONSIBILITIES OF THE TOURISM STAKEHOLDERS IN THE GOVERNANCE FOR SUSTAINABLE TOURISM IN TAMAN NEGARA PAHANG

Sustainable tourism development highlighted the need for governance, and recognising stakeholder collaboration would enhance overall tourism development. Hence, this study assesses the roles and responsibilities of the tourism stakeholders in the governance for sustainable tourism in Taman Negara Pahang. This qualitative research employed semi-structured interviews to understand the interactions and involvement of tourism stakeholders in the planning and development of the national park. It was found that the national park was mainly secured by state enactment and several development and management plans. DWNP was a federal department of MNRES appointed by the trustee to administer the park. Other stakeholders were not involved in the park planning and development except for the department and consultations from experts. While some government agencies, namely the local authority and MOTAC, assisted in developing tourism infrastructure and superstructure around the national park, NGOs shared the latest conservation information and guidelines. Local community groups and tourism operators mainly managed recreational activities while providing tourists with other facilities and services. As the local community groups were affected by tourism development in the national park, they should become partners in park governance to meet their needs. This study draws the attention of government agencies to revise the existing state enactment to allow all tourism stakeholders, particularly the local community groups, to play a role in park planning and development. Their involvement in such an event may help improve their understanding of the park’s sustainability, build trust between them and improve their sense of ownership and pride.

WAQF LAND DEVELOPMENT FOR PRIVATE TAHFIZ SCHOOLS IN THE STATE OF PERLIS, MALAYSIA: PROCEDURES AND ADVANTAGES

Waqf is a state matter subject to state laws, given the position of the State Islamic Religious Council (SIRC) as the ‘sole trustee’ of waqf properties in their respective states. In legal terms, any party that intends to apply waqf and any waqf activities established in Private Tahfiz Schools (PTS) requires the permission of the SIRC. Accordingly, this study aims to examine the legal procedures for developing PTS on waqf land in Perlis, Malaysia, including the advantages of acquiring the permission of Perlis Islamic Religious and Malay Customs Council (MAIPs). The qualitative research methodology was applied in this research, which featured the doctrinal approach in examining state enactments, past studies, and semi-structured interviews involving several respondents who had extensive experiences with the subject under study. Subsequently, analysis was conducted on the collected data through the content analysis technique. The implications from this research offer numerous advantages for PTS in Perlis to ensure its sustainability. This study offers a clear understanding to individuals who intend to implement waqf in their PTS in Perlis, Malaysia.

Legal Responses to Violence against Medicare Service Persons and Institutions during COVID- 19 Pandemic in India

Background: The COVID-19 pandemic and virility of the violence against medical personnel have been parallel phenomena in Indian public health administration. The safety and security medical and paramedical have been attracting attention for quite a long time. Still, no central legislation has piloted to enhance their therapeutic and surgical acumen in epidemics and pandemics. The health care of the patients and the covenant of Medicare service persons and institutions doctors missed in the myopic perception of the health administration’s tilt towards the criminal administration of justice. Method: The clasping of 125 years of age epidemic control law and 162 years of age criminal statute stinks the Indian feel in the present context. Result: The significant outcome of the COVID-19 pandemic is showcased in the Epidemic Diseases (Amendment) Ordinance, 2020, ensuring harassment-free workplaces for the medical fraternity. The criminal sanction afforded by the 23 state enactments on the protection of medical care personnel and institutions in states in India, but there is no central legislation. Despite the Indian Medical Association’s recommendation for the Protection of Medical Service Persons and Medical Service Institutions (Prevention of Violence and Damage or Loss of Property) Act, 2017, we witnessed Epidemic Diseases (Amendment) Ordinance, 2020 in enhancing the robust workplace for the doctors during the pandemic. The legal strategy camouflaging ‘disaster’ under Section 2 (d) of the Disaster Management Act, 2005 in pandemic and lockdown is sobering but astonishing. Conclusion: The paper locates the legal response to violence against the doctors in the sociology of medicine and medical professions as professional socialization and social system during the COVID-19 pandemic. Bangladesh Journal of Medical Science Vol. 22 No. 04 October’23 Page : 734-742

Data Laundering Border Violence: Performance Measures and Immigration Enforcement

On July 8, 2020, the Office of the Auditor General of Canada (OAG) tabled its report on immigration removals, finding that the Canada Border Services Agency (CBSA) fails to enforce deportations in a timely manner and has abysmal record-keeping practices. The report concludes that these failings undermine the integrity of Canada’s immigration system and endangers the public. Critical Accounting scholarship problematizes auditing for legitimizing harmful processes through the guise of scrutiny. The OAG audit of the CBSA overlooks the well-documented systemic abuses of the CBSA in administering migrant detention. The article argues “performance audits” are a governmental technology called data laundering that rationalizes the violence inherent in immigration enforcement. Data laundering obscures the fact that policing migration depends on broad discretionary powers, leading to opaque and inconsistent data practices. “Laundering” signals auditing’s inability to be sufficiently adversarial with a sector of law enforcement whose poor data-keeping practices maintains an illusion of recordkeeping as a form of power. Audit dependence on quantitative forms of data increases violence against immigrants; when violent deportation and detention measures are quantified, this presumes an acceptable ledger of force that accounts for, and in so doing legitimizes, state enactment of violence upon vulnerable people.

Company Structure and Level of Service of Syarikat Air Darul Aman (SADA) To Consumers in Kedah

The purpose of the study was to assess the function of the water supply treatment and distribution company in the state of Kedah, Syarikat Air Darul Aman (SADA) in fulfilling its function of supplying clean and treated water to 2.2 million people in Kedah. Despite the company structure, the impact of legislative regulation under the act of parliament and state enactment resulted in SADA being subject to full political control even though it is a business entity in accordance with the Companies Act 1965. For this purpose, 200 respondents were taken at random and distributed questionnaires in three SADA operating centres covering three regions, namely Eastern, Southern and Northern Kedah Regions 1. Four themes were observed using descriptive statistical analysis which is about the user's understanding of SADA functions. It also involves consumer expectations on SADA, the level of satisfaction with over-the-counter services and operations. The findings found that on average the percentage of user satisfaction in relation to the service and orientation provided by SADA was still poor. The level of professionalism, effective service and corporate governance is still underappreciated as the dominant culture in SADA due to the overshadowed company structure of a government agency.

Human Governance Index for State Islamic Religious Councils in Malaysia

State Islamic Religious Council (SIRCs) in Malaysia were established for the social welfare under the purview of state enactments in an Islamic setting. Despite the absence of a profit motive, accountability must be upheld as it is set up to be the guardian of resources so that the trust of stakeholders could be obtained. SIRCs are expected to uphold their ethics and values in their overall operations. However, a number of negative cases of SIRCs were reported in the local media which has tarnished the image of SIRCs. Thus governors of SIRCs should managed their human assets well. Human governance is the governors’ commitment to improve employees’ values and ethical behavior in the organization through their leadership, integrity fostered in the organization, training that the governors’ attended and internal control that has been put in place. The objective of the study is to examine whether Human Governance Index (HG INDEX) could be applied to SIRCs. HG INDEX comprise of 4 components which are (i) BOD Leadership, (ii) Level of Integrity Index, (iii) BOD Quantity of Training Index, and (iv) Quality of Internal Control System Index . Thirteen(13), 2019 annual reports of SIRCs were used as a basis for data collection. Based on the findings, Quality of Internal control and Level of Integrity were found to be the highest disclosed index. Overall, HG index was found to be low for SIRCs. Thus Governors of SIRCs can use the findings of the study to increase their transparency and accountability to stakeholders by focusing on HG in order to gain the public trust.

Governance Structures: Dependability And Efficiency Of The Waqf Institutional System In Malaysia

Waqf lands have the potential to bring in billions of dollars in income for Muslim communities provided that they are successfully developed and managed. In the past, there was no established legal framework for the management of waqf in Malaysia. As a result, waqf land and assets were managed in an inefficient and disorganized manner. The State Islamic Religious Council (SIRC) in Malaysia oversees the waqf administration and is responsible for the legislation in Malaysia that is related to waqf. The SIRC in its role as the sole trustee is in charge of overseeing all aspects of waqf matters. It was made more difficult in Malaysia because there are 13 states and federal territories and each of them has its waqf regulation and as a result, there are different challenges. In addition, the law and enactment of waqf in each state are uniquely distinct from the legislation and enactment in the other states correspondingly. The disparities in size, the varying numbers of waqf properties, and other aspects are the core of these problems. If these Waqf properties were efficiently handled, it would be the ideal solution to the challenge of increasing the social and economic position of the Muslim community. Unfortunately, the waqf institutions in Malaysia do not seem to be capable of playing a proactive role in promoting the economic growth and overall development of Muslims in Malaysia. The purpose of this study is to better understand the challenges in governance, especially in the administration, management, and development of waqf in Malaysia

Relationship between mandatory warning signs for cannabis use during pregnancy policies and birth outcomes in the Western United States

Relationship between mandatory warning signs for cannabis use during pregnancy policies and birth outcomes in the Western United States

Impact of the policy environment on substance use among sexual minority women

BackgroundSexual minority women (SMW) are at greater risk for heavy episodic drinking, frequent marijuana use, and tobacco use than heterosexual women. Because past research has suggested the political and social environment may influence disparities in substance use by sexual orientation, this study examined associations of the U.S. state-level policy environment on substance use by SMW. MethodsA total of 732 SMW participants were recruited from two national online panels: a general population panel (n = 333) and a sexual minority-specific panel (n = 399). Past year substance use was defined by number of days of heavy episodic drinking (HED; 4+ drinks in a day), weekly tobacco use (once a week or more vs. less or none), and weekly marijuana use (once a week or more vs. less or none). Comprehensive state policy protection was defined by enactment of five policies protecting rights of sexual minorities. Regression models compared substance use outcomes for SMW living in states with comprehensive policy protections to SMW living in states with fewer or no protections. Models also assessed the impact of state policies related to alcohol (state monopoly on alcohol wholesale or retail sales), tobacco (state enactment of comprehensive smoke-free workplace laws) and marijuana (legalization of purchase, possession, or consumption of marijuana for recreational use). ResultsComprehensive policy protections were associated with fewer HED days. Recreational marijuana legalization was associated with higher odds of weekly use. ConclusionsFindings underscore the importance of policy protections for sexual minorities in reducing substance use, particularly HED, among SMW.

Telehealth Utilization During the COVID-19 Pandemic: A Preliminary Selective Review.

Background: The COVID-19 pandemic reduced in-person visit volume and fueled a corresponding explosion in demand for telehealth services, resulting in the enactment of several temporary state and federal policies to allow greater flexibility in delivering telehealth services. This review examines patterns in telehealth utilization during the pandemic by synthesizing available findings from large-scale studies.Methods: To be included in this review, studies must be of original research, include data from 2020 or 2021, have a U.S. study population, and analyze telehealth encounter data across multiple payers and health systems. This review includes 10 studies that fully met the inclusion criteria and 29 studies that examined telehealth use during the pandemic, although not from multipayer, multihealth system data sets. All studies were identified using Ovid MEDLINE and Google Scholar.Results: At its peak, telehealth accounted for roughly 15–50% of visits across the various studied populations and data sets. The more telehealth was utilized, the smaller the decrease in overall visit volume. Audio visits tended to be used more often than video visits, and telehealth utilization varied across geographic regions and medical specialties. There were disparities in telehealth use by race, age, income, and other factors.Discussion: Most telehealth visits during the pandemic would not have been reimbursable without the telehealth policy changes that took place. The variability in telehealth utilization across geographic regions is likely attributed to state-level telehealth policies. Most studies examining disparities in telehealth utilization did not compare disparities from before and during the pandemic, and these disparities may be a characteristic of health care overall rather than of telehealth specifically.

Cash waqf risk management and perpetuity restriction conundrum

Purpose The purpose of this paper is to comprehensively discuss the issue of risk vis-à-vis the perpetuity restriction principle inherent in waqf (Islamic endowment). Specifically, it attempts to consolidate the axioms in both conventional and Islamic finance, such as the risk-return trade-off and al-ghunm bi al-ghurm (liability accompanies gain), with the perpetual nature of waqf. Overall, this paper attempts to find a resolution to the dilemma of perpetuity restriction inherent in cash waqf against the natural occurrence of the risk. Design/methodology/approach This paper is based on the secondary research methodology; past literature encompassing journal articles, books, relevant financial axioms, fatwas (Islamic rulings) and state enactments is critically reviewed to present its case. In regard to state enactments, only Malaysian state enactments have been used, thus restricting the study to the Malaysian case only. Findings This study contends that the dilemma of the perpetuity restriction and the natural occurrence of risk can be resolved through the integration of waqf risk management, especially concerning cash waqf, with the Islamic spiritual approach. By implementing standard operating procedures that inculcate awareness on waqf risk management and Islamic spirituality in waqf stakeholders (wāqif (donor), trustee and beneficiaries), the stakeholders may accept the reality of risk that is inevitable even after all efforts have been exhausted. In other words, the violation of perpetuity is exonerated given that mental faculties aligned with revealed texts have been exhaustively used beforehand. Practical implications Findings from this study may broaden the choice of investment avenues for waqf trustees while adhering to the perpetual restriction of waqf. More importantly, waqf trustees will not be forced to invest in interest-bearing securities or be involved in any usurious transactions just to obtain guaranteed returns and preserve the corpus of waqf. Originality/value This study offers a unique perspective on cash waqf risk management by re-analyzing the axioms and concepts of finance and waqf while observing the welfare of the beneficiaries.

Indigenous regionalism in the Andes

ABSTRACT Top-down processes of regional integration among the Andean countries of South America are occurring alongside bottom-up processes of Indigenous regionalism in Bolivia and Ecuador that weave together Indigenous peoples’ territories across local administrative units and even national borders. In light of this dynamic, the study asks: What explains the new Indigenous regionalism in the Andes? And, what are its implications for formal processes of regional integration? The study examines the cases of the Coordinator of Indigenous Organizations of the Amazon River Basin (COICA) and the National Council of Ayllus and Markas of Qullasuyo (CONAMAQ) as examples of Indigenous regionalism in relation to the institutional innovations of the Andean Community of Nations (CAN) to incorporate Indigenous organizations into its structure and agenda. The article argues that the intersections of regional integration, the enactment of the plurinational state, and Indigenous autonomies have provided the necessary institutional space for expressions of Indigenous regionalism to flourish.

An Intellectual Review of Milliken-Rodriguez

An Intellectual Review of Milliken-Rodriguez

Bayesian inference of COVID-19 spreading rates in South Africa.

The Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) pandemic has highlighted the need for performing accurate inference with limited data. Fundamental to the design of rapid state responses is the ability to perform epidemiological model parameter inference for localised trajectory predictions. In this work, we perform Bayesian parameter inference using Markov Chain Monte Carlo (MCMC) methods on the Susceptible-Infected-Recovered (SIR) and Susceptible-Exposed-Infected-Recovered (SEIR) epidemiological models with time-varying spreading rates for South Africa. The results find two change points in the spreading rate of COVID-19 in South Africa as inferred from the confirmed cases. The first change point coincides with state enactment of a travel ban and the resultant containment of imported infections. The second change point coincides with the start of a state-led mass screening and testing programme which has highlighted community-level disease spread that was not well represented in the initial largely traveller based and private laboratory dominated testing data. The results further suggest that due to the likely effect of the national lockdown, community level transmissions are slower than the original imported case driven spread of the disease.

Understanding the Fundamental Issues of Multiple Taxation in Nigeria: The Theoretical and Historical Approach

Taxation has not been fully harnessed in Nigeria years due to oil boom which has been the major source of government revenue. With decline in the revenue from oil, the allocation from the federal account dwindles and has become inadequate for the state and local governments. This, accordingly, re-awakens clarion attention to non-oil revenue source (taxation) in other to boost the revenue account. Consequently, the governments have enacted various forms of tax laws in other to boost her revenue. As a result, there are multiplicities of taxes payable to the Federal, States; and Local Governments. This became apparent as the various tiers of government enacts tax laws that is not within the ambits of their taxing powers; while others in exercising their legitimate taxing power, act in excessive manner that leads to tax proliferation, leaving the taxpayer with burden of paying too many taxes. Some of the taxes are illegal, not in accordance with the law, others are legal, in accordance with the law, but have caused proliferation of taxes in the system. These factors have given rise to multiple taxation with the attendant consequence: scaring investors away and dwindling the rate of tax compliance. There is need to develop an efficient tax system in Nigeria that would be devoid of multiple taxation syndrome. It is against this backdrop that this paper is initiated to examine the possible way out of the problem. The paper adopted doctrinal research methodology. Accordingly, reliance was placed on the study of both primary and secondary sources of law like the constitution, federal and state enactments, text books, journals and newspapers. The paper founds the intricate causes of multiple taxation to include Nigerian Fiscal Federalism, Administration of Road Tax and Illegal Tax Collectors. Keywords: Multiple taxation, road tax, tax collectors DOI: 10.7176/JAAS/64-04 Publication date: May 31 st 2020

The association between recreational cannabis commercialization and cannabis exposures reported to the US National Poison Data System

Recreational cannabis has been legalized in 11 states and District of Columbia (DC) in the United States. Among these, 10 states further permitted retail sale to provide a legal supply to adults. This study examined the associations of cannabis exposures with recreational cannabis legalization and commercialization. Secondary data analysis of state-quarter level cannabis exposures during 2010-17 in the United States. Linear regressions with a difference-in-differences design were used to compare pre- and post-legalization trends in states that legalized recreational cannabis to contemporaneous trends in states that did not legalize recreational cannabis. United States, including all 50 states and DC. Cannabis exposures reported to the US National Poison Data System. The primary outcome was state age-adjusted cannabis exposures reported to the US National Poison Data System per 1 000 000 population per quarter. The two policy variables of interest included (1) the enactment of recreational cannabis legalization (i.e. removing penalties for adults' possession of cannabis in a small amount for recreational use) and (2) the initiation of recreational cannabis commercialization (i.e. providing a legal supply of cannabis to adults through licensed dispensaries). The association between a state's enactment of recreational cannabis legalization and its changes in cannabis exposures was statistically non-significant overall. After controlling for recreational cannabis legalization, however, the initiation of recreational cannabis commercialization was associated with 5.06-5.80 more exposures per 1 000 000 population per quarter (67-77% increase relative to the pre-legalization average), depending on the composition of comparison states. The increase associated with commercialization was higher among minors than adults (7.97-9.53 versus 3.83-4.21 more exposures), higher among males than females (6.16-7.56 versus 3.76-3.91 more exposures) and higher among exposures with medical consequences than those without medical consequences (4.09-4.79 versus 0.97-1.01 more exposures). An increase in cannabis exposures reported to the US National Poison Data System was observed following recreational cannabis commercialization in the United States.

Does State Unemployment Insurance Modernization Explain the Trajectories of Economic Security Among Working Households? Longitudinal Evidence from the 2008 Survey of Income and Program Participation

Although research has paid substantial attention to the impact of the Great Recession on the economic well-being of working households and the uneven economic recovery among different sociodemographic groups, limited research is available on the association between state-level unemployment insurance (UI) protection and household-level economic recovery during the postrecessionary years. Using nationally representative panel data from the 2008 survey of income and program participation, this study examined the relationship between state UI modernization and the growth trajectory of economic security among American working households. After controlling for state-level and household-level covariates, the results of the multilevel growth modeling showed that, on average, the state enactment of UI modernization provisions was associated with a faster improvement rate of household economic security over a five-and-a-half-year period. The findings have implications for future studies concerning UI provisions and household economic security.

AN APPRAISAL OF THE APPLICATION OF FIQH AL-HANAFI UNDER ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) ACT 1984

Malaysia is a Muslim country consisting of thirteen States and Federal Territories (Kuala Lumpur, Labuan and Putrajaya). In principal, the official madhhab that is practised in Malaysia is Shafi’i Madhhab and this becomes common to all Malaysians even though it is not officially registered in the identification card of a Malaysian. Accordingly, in many religious affairs and practices, the society is based upon the principles or fiqh al-Shafi’i. Nevertheless, views of other Sunni madhhab is freely practiced by all Malaysians. Furthermore, the codification on Islamic law in the State Enactments in all States in Malaysia is based upon four Sunni schools of law. It follows that the Islamic law in Malaysia is not purely based on the Shafi’i madhhab and in many occasions adopted the view of Hanafi school depending on the adaptability of the opinion to the society. This article deals with the application of fiqh al-Hanafi under the Islamic Family Law (Federal Territories) Act 1984. Analysis will extend to the practices in the Malaysian Syariah Court when dealing with cases involving Muslims and the most appropriate view of the madhhab that is to be adopted by the Syariah Court in order to solve a particular issue. The study employs the qualitative method of study where it only involves library research. It is believed that this research will be beneficial to all who seek knowledge and useful to all researchers, academicians, legal practitioners, students and scholars.

Marine Protected Areas in Peninsular Malaysia: Shifting from Political Process to Co-Management

Since fishing is a primary source of income to the coastal communities, conservation of marine natural resources is crucial to safeguard its sustainable supply. Therefore, intensive measures should be taken by all the stakeholders – from the authorities to the local fishermen. The precious coral reefs should be protected as important breeding habitat of various commercially valued species of marine resources and. Thus, in carrying out the political process of designating marine protected areas (MPAs) as marine parks, the local communities must also be engaged by the government due to their proximity to and dependency on the environment as direct resources users. Co-management or collaborative management by engaging the local communities, or community-based management, is the concept that could be able to remedy ineffective MPAs management in Peninsular Malaysia. Co-management or collaborative management approach between the authorities and the communities must be strategised by factoring in their local knowledge of living within and off the marine environment and resources. This study utilises content analysis method on the primary data, namely the national policies, federal acts, and state enactments. While the secondary data in form of official reports, scholarly articles and others deemed relevant are used to supplement and support the findings. This paper dwells on the possibility of shifting the process of MPAs designation from political process to co-management in Peninsular Malaysia, in order to achieve both environmental stability and the livelihood sustainability of the local communities.