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Help Centerless  AboutPapers64LocationKuala Lumpur, Kuala Lumpur, MalaysiaAdd Social Profiles(Facebook, Twitter, etc.)Majdah ZawawiInternational Islamic University Malaysia, Islamic Law, Faculty MemberUnfollowFollowUnblockOther Affiliations:addResearch Interests:Islamic Law and Islamic law and jurisprudence()editAbout:Always searching for the Truth,Reaching out to those who want to keep learning,Hoping only to please the al-Mighty.editAdvisors:editPapers•Family Law in Malaysia and beyond: towards sustainable family institutionsmoreby Majdah ZawawiPublisher: Jabatan Kehakiman Syariah MalaysiaPublication Date: 2021Publication Name: Jabatan Kehakiman Syariah MalaysiaResearch Interests: Law, Family Law, and Political Science() Download (.pdf)•The Covid-19 Pandemic and Its Repercussions on the Malaysian Tourism Industrymoreby Majdah ZawawiPublisher: J. of Tourism and Hospitality ManagementPublication Date: 2021Publication Name: J. of Tourism and Hospitality ManagementResearch Interests: Business, Tourism, Tourism and Hospitality Management, Pandemic, coronavirus outbreak, and Coronavirus Disease 2019 (COVID-19)()•Pengklonan manusia dari sudut syaramoreby Majdah ZawawiPublication Date: 2002 Download (.pdf)•Should fines also benefit victims? An evaluation of fines as a form of punishment in Malaysia with special reference to Islamic lawmoreby Majdah ZawawiExisting financial punishments in Malaysia, usually in the form of fines for certain offences are payable to the government. The victims (if any) are not entitled to benefit from such payment, which implies that the system has failed to... moreExisting financial punishments in Malaysia, usually in the form of fines for certain offences are payable to the government. The victims (if any) are not entitled to benefit from such payment, which implies that the system has failed to compensate the victims for losses that they have suffered. Another issue is the option provided for some offenders to pay a fine in lieu of imprisonment. This negates the principle of justice as it allows the rich to pay whilst the poor will have to face imprisonment. The question arises concerns the effectiveness of imposing fines to remedy the ailments in society. It also questions the reformative value of the punishment and how it can benefit the victim. This article evaluates the existing legal framework relating to financial punishments in Malaysia. In doing this, the objective of the article is to provide suggestions as to how these questions could be answered by incorporating Sharīʿa principle of al-ʿadl. Abstrak: Di Malaysia, penghukuman kewa...Publication Date: 2017Research Interests: Islamic Criminal Law() Download (.pdf)•Journal of Medical Ethics and History of Medicinemoreby Majdah ZawawiDonated materials in assisted reproductive technologies: an ethico-legal analysis of art legislations worldwidePublication Date: 2010Research Interests: Ethics, Embryo, and Assisted()•Forgiving the Enemy: A Comparative Analysis of The Concept of Forgiveness in Shari'ah and Malaysian Lawmoreby Majdah ZawawiThe law of Qisas is a concept under Islamic law which allows the victim who has been physically hurt by an offender or the heirs of the deceased to a murder to play a role in determining the fate of the offender once he is found guilty.... moreThe law of Qisas is a concept under Islamic law which allows the victim who has been physically hurt by an offender or the heirs of the deceased to a murder to play a role in determining the fate of the offender once he is found guilty. This includes the ability to choose whether to opt for equal punishment (qisas) or to demand monetary compensation (which is diyat), or to forgive the offender altogether. This article concentrates on the concept of forgiveness in qisas involving murder. The aim of the article is to show that contrary to popular criticism, the law of qisas is not about revenge. This is proven by the choice of forgiving the offender in total for the hurt or even life that he has taken. If compared to the current position in Malaysia, the right to forgive an offender is not given to the heirs of the decease but instead, it is given to the Yang di-Pertuan Agong or the Ruler of ALL States. This goes against the rights of the victim's heirs who not only is deprived o...Publication Date: 2015Research Interests: Psychology()•Assisted reproductive technologies in Malaysia: a legal maze for the exercise of reproductive choices of infertile couplesmoreby Majdah ZawawiPublication Date: 2007Research Interests: Engineering()•Human stem cell research: ethical and religious concerns over patenting biotechnological inventions in Malaysiamoreby Majdah ZawawiThis chapter analyses the patentability of biotechnological inventions particularly those resulting from human embryonic stem cell research. The chapter puts forward the position that since the UK and Europe have considered ethics and... moreThis chapter analyses the patentability of biotechnological inventions particularly those resulting from human embryonic stem cell research. The chapter puts forward the position that since the UK and Europe have considered ethics and morality as a factor in determining the patentability of biotechnological inventions, then Malaysia, in having adopted similar provisions into the patent laws in the country, could also rely on the ethical position to do the same. In doing so, the Islamic position would be relied on to provide an ethical basis for such a determination.Publication Date: 2015Research Interests: Engineering()•Artifical reproductive technologies: a need for a regulatory frameworkmoreby Majdah ZawawiPublication Date: 2011Research Interests: Engineering()•Donated materials in assisted reproductive technologies: an ethico-legal analysis of art legislations worldwidemoreby Majdah ZawawiThis paper provides an appraisal of countries that have legislations pertaining to assisted reproductive technologies (ART). In doing so, the paper highlights the emphasis on the protection of reproductive freedom of the couples seeking... moreThis paper provides an appraisal of countries that have legislations pertaining to assisted reproductive technologies (ART). In doing so, the paper highlights the emphasis on the protection of reproductive freedom of the couples seeking ART treatment. This belief is grounded primarily on the basic notion of liberalism that attaches primary importance to respect for individual freedom, which is the foundation of the notion of reproductive rights as understood by western standards today. The main aim of the appraisal is to see how these legislations address the drastic changes in familial relationships when ART involves the use of donated materials.Publisher: Journal of medical ethics and history of medicinePublication Date: 2010Publication Name: Journal of Medical Ethics and History of MedicineResearch Interests: Sociology and Medicine() Download (.pdf)•Restorative justice in Islamic law: application in Malaysian legal history and the criminal justice systemmoreby Majdah ZawawiPublisher: Edward Elgar PublishingPublication Name: Research Handbook on Islamic Law and SocietyResearch Interests: Political Science()•The narrow path: criminal laws in upholding the consumer rights to information for halal pharmaceutical goodsmoreby Majdah ZawawiHalal Pharmaceutical product has recently captured the attention of the consumer which makes it to be one of the important products sought by the consumer. The right to information requires the halal pharmaceutical to be attached with... moreHalal Pharmaceutical product has recently captured the attention of the consumer which makes it to be one of the important products sought by the consumer. The right to information requires the halal pharmaceutical to be attached with information that can ensure its halal status. This is in line with upholding the right to information for the consumers. Consumers are not able to exercise their right to choose when the information about the product is not sufficient. In responding to this issue, consumer protectionist explains that the trending consumerism requires the consumer to be informed decision makers in the marketplace. The current halal related criminal laws, confine the punishment to false description and expression of trade object which are seen as a narrow solution to govern many aspect of halal related offences. Thus, this study intends to analyse the halal related criminal laws in accommodating consumers’ right to information. This study adopts a qualitative research me...Publication Date: 2015Research Interests: Business()•Commentary from Malaysiamoreby Majdah ZawawiPublication Date: 2011Publication Name: Asian Bioethics ReviewResearch Interests: Political Science()•The legal and ethical position of research of human embryos in malaysiamoreby Majdah ZawawiPublication Date: 2010Research Interests: Business()•التكييف القانوني لتقنيات التناسل المساعدة "دراسة مقارنة بين الشريعة الإسلامية والقانونية" = Legal characterization for reproduction techniquesmoreby Majdah Zawawiينافش هذا البحث مسالة طبية متعلقة بحل مشكلة الأزواج غير القادرين على الإنجاب وبعد فشل المحاولات الطبية العلاجية في ذلك، والتي أثارت تساؤلات فيما إذا كانت أعمال طبية تقليدية أم أنها كانت أعمال طبية غير اعتيادية كالتجارب الطبية ، ومن ثم... moreينافش هذا البحث مسالة طبية متعلقة بحل مشكلة الأزواج غير القادرين على الإنجاب وبعد فشل المحاولات الطبية العلاجية في ذلك، والتي أثارت تساؤلات فيما إذا كانت أعمال طبية تقليدية أم أنها كانت أعمال طبية غير اعتيادية كالتجارب الطبية ، ومن ثم يتطلب توافر شروط معينة تختلف عن الشروط أو المتطلبات المتوفرة في العمل الطبي بشكل عام، ولذلك سنبحث في تقنيات التناسل المساعدة ثم نوضح علاقتها بالأعمال الطبية التقليدية وكذلك بتلك غير التقليدية الكلمات المفتاحية: النتاسل المساعد، العمل الطبية، التجارب الطبية ، والمحاولات الطبيةPublication Date: 2017Research Interests: Mathematics()•Understanding the concept of Halal for Muslims and its impact on the tourism industrymoreby Majdah ZawawiWhile tourist operators claim that their products and services are "halal" or "Muslim friendly", many do not understand the reason behind the need for Muslims to observe to everything that is "halal". This... moreWhile tourist operators claim that their products and services are "halal" or "Muslim friendly", many do not understand the reason behind the need for Muslims to observe to everything that is "halal". This article seeks to firstly explain the meaning of "halal" from the basic structure of the Muslim belief. From there an explanation will be made as to how a particular product and service is classified as "halal" and how this affects the decisions made by Muslims. Several issues that arise for Muslims when they travel abroad will be raised. The discussion on these issues is divided into those that arise out of travelling to an "Islamic" country as opposed to countries where Muslims are the minority. The article will also address why the tourism industry needs to cater to Muslim tourists and provide basic guidelines on how this is achieved without too much difficulty.Publication Date: 2017Research Interests: Political Science() Download (.pdf)•Genetic testing of newborns: an ethico-legal perspectivemoreby Majdah ZawawiPublication Date: 2011Research Interests: Medicine()•Redefining reproductive rights through a harmonised approach of international human rights law and Islamic lawmoreby Majdah ZawawiThis paper looks into the way reproductive rights have been defined in light of advances made in the area of assisted reproductive technologies (ART). It discusses the problem that arises in defining reproductive rights in view of giving... moreThis paper looks into the way reproductive rights have been defined in light of advances made in the area of assisted reproductive technologies (ART). It discusses the problem that arises in defining reproductive rights in view of giving primacy to individual rights. Hence, the paper proposes that the term may be re-defined by not only emphasising individual rights, but also by looking at arising responsibilities that arises when a person decides to reproduce. In doing so, the paper discusses the position reproductive rights under existing International Human Rights Law whilst also looking at it from the Shari'ah perspective.Publication Date: 2009Research Interests: Political Science()•Forgiving the enemy: a comparative analysis of the concept of forgiveness in Shari’ah and Malaysian lawmoreby Majdah ZawawiThe law of Qisas is a concept under Islamic law which allows the victim who has been physically hurt by an offender or the heirs of the deceased to a murder to play a role in determining the fate of the offender once he is found guilty.... moreThe law of Qisas is a concept under Islamic law which allows the victim who has been physically hurt by an offender or the heirs of the deceased to a murder to play a role in determining the fate of the offender once he is found guilty. This includes the ability to choose whether to opt for equal punishment (qisas) or to demand monetary compensation (which is diyat), or to forgive the offender altogether. This article concentrates on the concept of forgiveness in qisas involving murder. The aim of the article is to show that contrary to popular criticism, the law of qisas is not about revenge. This is proven by the choice of forgiving the offender in total for the hurt or even life that he has taken. If compared to the current position in Malaysia, the right to forgive an offender is not given to the heirs of the decease but instead, it is given to the Yang di-Pertuan Agong or the Ruler of ALL States. This goes against the rights of the victim’s heirs who not only is deprived of any...Publication Date: 2015Research Interests: Psychology()•An insight to the ethics of assisted reproduction: balancing rights and responsibilitiesmoreby Majdah ZawawiPublication Date: 2003Research Interests: Political Science()•Biotechnology law and policy : searching for a balancemoreby Majdah ZawawiPublication Date: 2011Research Interests: Political Science()•Legal analogy in Islamic law and common law: Masalik Al-'Illah, obiter dicta and distinguishing comparedmoreby Majdah ZawawiTHIS IS NOT MY (FAJRI's) WORK, BUT OF DR MAJDAH ZAWAWI, I AM UPLOADING THIS ON HER BEHALF Legal analogy is the most common method of legal reasoning in most legal systems. However, there are differences in the application of legal... moreTHIS IS NOT MY (FAJRI's) WORK, BUT OF DR MAJDAH ZAWAWI, I AM UPLOADING THIS ON HER BEHALF Legal analogy is the most common method of legal reasoning in most legal systems. However, there are differences in the application of legal analogy in the civil legal system if compared to its application in the Islamic legal system. The main aim of this article is to look into the discrepancies in applying legal analogy between these two legal systems, primarily by looking into the utilization of the method of masalik al-'illah under Islamic law as compared to the theory of ratio decidendi, and distinguishing under the civil law.Publication Date: 2002Research Interests: Islamic Law, Jurisprudence, Comparative Law, Political Science, Legal Theory, and 7 moreIslamic Jurisprudence, Islamic Law and Legal Theory, Usul al Fiqh, Common Law, Ushul Fiqh, International Islamic University Malaysia, and Islamic law and jurisprudence(Islamic Jurisprudence, Islamic Law and Legal Theory, Usul al Fiqh, Common Law, Ushul Fiqh, International Islamic University Malaysia, and Islamic law and jurisprudence) Download (.pdf)•The application of the rule of “avoiding hudud due to shubhah” as a mechanism for ensuring justice in the determination of punishments in Islamic criminal lawmoreby Majdah ZawawiThere are strict evidentiary requirements that need to be fulfilled before a person can be found guilty in a court of law. The avoidance of infliction of punishment of hudud where there exists a situation called shubhah (doubt) is based... moreThere are strict evidentiary requirements that need to be fulfilled before a person can be found guilty in a court of law. The avoidance of infliction of punishment of hudud where there exists a situation called shubhah (doubt) is based on the Hadith of Prophet s.a.w. which says, "Set aside the execution of hudud punishments in cases of doubt (shubhah)." The rule of avoiding hudud due to shubhah not only applies to hudud cases, but it can also be applied in qisas and ta'zir crimes. This is because the main aim of the principle is to maintain justice and to guarantee that the rights of the accused are protected. This paper looks at the meaning of shubhah, its types and discusses how this concept has been used to ensure that the application of punishment is done in a practical manner. This paper also examines the practice of Shari’ah Courts in Malaysia when considering shubhah in the determination of punishment. It is submitted that the existence of shubhah can be used a...Publication Date: 2013Research Interests: Political Science() Download (.pdf)•Muslim Friendly Tourism and Hospitality Services as Malaysia’s Strong Suit: Prospect and Challengesmoreby Majdah ZawawiMuslim friendly tourism and hospitality industry is a global phenomenon. The industry has attracted the attention of many industrial players, consumers as well as the policy makers. The industry offers an invaluable market prospects for... moreMuslim friendly tourism and hospitality industry is a global phenomenon. The industry has attracted the attention of many industrial players, consumers as well as the policy makers. The industry offers an invaluable market prospects for many countries with Malaysia anointed as one of the top Muslim friendly destination in the world for several years. Paradoxically, not only the Muslim countries are vying to be the best service providers for Muslim Friendly Tourism but non-Muslim countries are also competing for a market share. This paper will highlight the features that contribute to the evolution, growth as well as the unique features of Muslim friendly tourism and hospitality services in Malaysia. The discussion embarks on facts, findings, as well as research output by several organizations alongside tourism reports and observations by travel websites. In addition, this paper will highlight the features of this Malaysian strong suit as well as unearth the challenges encountered f...Publication Date: 2017Research Interests: Geography()•Factors influencing the growth of Muslim friendly hospitality services in Malaysiamoreby Majdah ZawawiHalal today is no longer focused on food and beverages manufacturing but also halal pharmaceuticals, cosmetics, logistics, consumer goods and Muslim friendly hospitality services. Changes in the Muslim lifestyle and spending ability have... moreHalal today is no longer focused on food and beverages manufacturing but also halal pharmaceuticals, cosmetics, logistics, consumer goods and Muslim friendly hospitality services. Changes in the Muslim lifestyle and spending ability have a positive impact on the growth in the global halal industry market. Advancement in communication technology, availability of online information on Muslim friendly hospitality globally, the increasing awareness on the needs of Muslim travellers including halal food, prayer facilities, Muslim friendly accommodation, Muslim friendly tourism products and activities, and Muslim friendly tour guide are identified as the major factors that attract Muslims to travel. The Muslim friendly hospitality services are Shariah guided requirement for tourism industry players in setting up an assurance system to preserve the integrity of products and services provided for Muslim travellers (Department of Standard Malaysia, MS 2610:2015 Muslim Friendly Hospitality Se...Publication Date: 2019•Islam, science & technology: some ethical, moral and religious considerationsmoreby Majdah ZawawiPublication Date: 2006•Human DNA and stem cell research: ethical and religious concernsmoreby Majdah ZawawiPublication Date: 2020•Harmonising Islamic principles with contemporary bioethics in the area of assisted reproductive technologies in Malaysiamoreby Majdah ZawawiPublication Date: 2005•Prevention of Criminal Victimization: An Islamic Approachmoreby Majdah ZawawiLiving and working in a safe area gives every person a confident feeling. It enhances productivity and ensures a safe community. In order to achieve it, crime prevention measures are always considered the main agenda of public... moreLiving and working in a safe area gives every person a confident feeling. It enhances productivity and ensures a safe community. In order to achieve it, crime prevention measures are always considered the main agenda of public authorities. Nevertheless, it has usually been overlooked that the victim him/herself can be the contributing factor to the criminal incident. The objective of this paper is to provide suggestions as to how these questions could be answered. The key to these problems lies in educating the community on the preventive measures that could be taken in order to avoid victimization of individuals. Such suggestions are based on Shari'ah principles. This is done through an analysis of the rulings of the Qur'an and hadith of the Prophet (s.a.w.). Hence, this paper discusses the preventive measures that can be observed by both individuals and the community to prevent criminal victimization.Publication Date: 2012 Download (.pdf)•Qur'anic guidance on the legal status of human embryosmoreby Majdah ZawawiThe advent of science and technology has allowed for the creation of embryos outside a mother’s womb. This possibility has led to problems among others when there is divorce, who should have ownership over the embryos. If no one has... moreThe advent of science and technology has allowed for the creation of embryos outside a mother’s womb. This possibility has led to problems among others when there is divorce, who should have ownership over the embryos. If no one has ownership, how these embryos shall be treated? Should they be allowed to perish or could they be donated to other infertile couples, or could they be used for research purposes. These are the problems surrounding the human embryos created outside the womb. This paper aims at considering the legal status of human embryos created outside the womb through analysis of Qur’anic verses. This will help determine the legality of certain acts involving these embryos. The research utilizes the doctrinal analysis of primary and secondary sources. The Qur’an and Sunnah (in light of the legal exegesis and interpretation of the two sources) are analysed to derive the basic principles governing the area. A thorough examination of fiqh literature of the Sunni scholars o...Publication Date: 2012•The Islamic approach to conserving biodiversity for global sustainability: an explorationmoreby Majdah ZawawiCultural and biological diversity is closely interwoven to form a symbiotic relationship which may in fact hold the key to global sustainability. Some of the major religions of the world contain the blueprints for the conservation of... moreCultural and biological diversity is closely interwoven to form a symbiotic relationship which may in fact hold the key to global sustainability. Some of the major religions of the world contain the blueprints for the conservation of natural biodiversity since it provides the ethical and social models for regulating our relationship with nature. Islam provides a holistic approach in addressing the current global crisis in the face of loss of biodiversity for itpropagates balancing conservation with sustainable use of nature and the wealth of resources found therein. This article explores the fundamental principles enshrined in Islam and discusses their relevance in addressing the extinction crisis which is threatening the future of this planet as has been prophesized in the Qur‟an. The findings are based on a qualitative research design which employs a contents analysis of translations of Qur‟an and related studies that discusses the provisions therein. Islamic perspectives on cruci...Publication Date: 2014 Download (.pdf)•Commercial use of the womb: a comparative study of the legal and ethical position of surrrogacy arrangements in the UK, US snd the shariahmoreby Majdah ZawawiPublication Date: 2002•Shari'ah compliant hospitality services" or "Muslim friendly hospitality services": searching for a balancemoreby Majdah ZawawiThere has been some confusion between the use of the term, Shari'ah compliant hospitality services" and "Muslim friendly hospitality services" amongst practitioners in the Halal tourism industry. This article discusses... moreThere has been some confusion between the use of the term, Shari'ah compliant hospitality services" and "Muslim friendly hospitality services" amongst practitioners in the Halal tourism industry. This article discusses the core differences and similarities between the two terminologies. It is crucial to resolve any conflicting understanding on the concept in order to ensure that there are no misunderstandings and conceptions when dealing with consumers and the general public. Aside from that, this article also aims at providing a clear picture of how the Shari'ah requirements for Muslim tourists are embedded in the concept of Muslim friendly hospitality services. This is a matter of import for those interested in providing or intending to provide services that cater specifically to the needs of Muslim tourists. This is a conceptual analysis of the Shari'ah legal position as manifested in the Qur'an and Sunnah of the Holy Prophet s.a.w as well as existi...Publication Date: 2017 Download (.pdf)•The role of local authority in governing Muslim friendly sport facilitiesmoreby Majdah ZawawiThe needs of the Muslim tourist vary form one type to another, but all tourists need some form of accommodation such as Muslim friendly activities. However they are very few Muslim friendly tourism activities but due to inadequate... moreThe needs of the Muslim tourist vary form one type to another, but all tourists need some form of accommodation such as Muslim friendly activities. However they are very few Muslim friendly tourism activities but due to inadequate facilities and attractions that cause very little substances for travel agency to promote Muslim friendly tourism. Current situations indicates that they are no clear guidelines and regulations on how to manage an Islamic and Sharia-compliance sport facilities for the local authority and private company to follow and control. In response to this scenario, this paper aims to provide a greater understanding of Muslim friendly sport facility concept by scrutinizing the Sharia principles framework for sport alongside with fatwas that are already produced to guide Muslim in sport. Besides that, the study also collaborated with the selected local authority in developing the guidelines and procedure in governing and managing the concept of Muslim friendly sport f...Publication Date: 2016•The Sharī’ah position on human embryonic researchmoreby Majdah ZawawiThe quest for medical advancement has resulted in breakthroughs being made in the area of biomedical science. Scientist are now able to work with human embryos left over from assisted reproductive treatments of infertile couples in order... moreThe quest for medical advancement has resulted in breakthroughs being made in the area of biomedical science. Scientist are now able to work with human embryos left over from assisted reproductive treatments of infertile couples in order to explore various therapeutic possibilities. Not only that, the creation of embryos solely for research purposes is also possible through somatic cell nuclear transplantation techniques (SCNT). Hence, there is a crucial need to know whether scientists should be allowed to conduct research using human embryos particularly from an ethical point of view. To that end, the main aim of this article is to look into the sources of the Sharīah to determine the status of the embryo, in order to further analyze whether according to the Sharīah it is right to conduct research using human embryos.Publication Date: 2016•Mooting: a guide for studentsmoreby Majdah ZawawiPublication Date: 2009•Should fines also benefit victims? An evaluation of fines as a form of punishment in Malaysia with special reference to Islamic lawmoreby Majdah ZawawiExisting financial punishments in Malaysia, usually in the form of fines for certain offences are payable to the government. The victims (if any) are not entitled to benefit from such payment, which implies that the system has failed to... moreExisting financial punishments in Malaysia, usually in the form of fines for certain offences are payable to the government. The victims (if any) are not entitled to benefit from such payment, which implies that the system has failed to compensate the victims for losses that they have suffered. Another issue is the option provided for some offenders to pay a fine in lieu of imprisonment. This negates the principle of justice as it allows the rich to pay whilst the poor will have to face imprisonment. The question arises concerns the effectiveness of imposing fines to remedy the ailments in society. It also questions the reformative value of the punishment and how it can benefit the victim. This article evaluates the existing legal framework relating to financial punishments in Malaysia. In doing this, the objective of the article is to provide suggestions as to how these questions could be answered by incorporating Shari’ah principle of al-’adl.Publication Date: 2017Research Interests: Islamic Criminal Law() Download (.pdf)•Healthcare services: Halal pharmaceutical in Malaysia, issues and challengesmoreby Majdah ZawawiHalal industry is often associated with the many issues and is a global multibillion dollar business. More recently however Malaysia has taken the lead in an endeavour to label pharmaceutical products with the halal certification. As a... moreHalal industry is often associated with the many issues and is a global multibillion dollar business. More recently however Malaysia has taken the lead in an endeavour to label pharmaceutical products with the halal certification. As a new industry, numerous challenges exist. One of which is the need for an effective legal framework that governs the halal pharmaceutical products. This article examines the existing legal framework for the halal pharmaceutical products through the doctrinal studies and interview with the stakeholders. The findings reveal several challenges in implementing the law with regard to the halal pharmaceutical products.Publication Date: 2017 Download (.pdf)•Qazaf menurut pandangan Syariah dan undang-undang yang terpakai di Malaysiamoreby Majdah ZawawiPublication Date: 2018•Preface for Pertanika Journal of Social Sciences and Humanities: A Special Edition Devoted to Issues in Criminal Justice in the 21st Century: Spirit, Form & Challengesmoreby Majdah ZawawiThis Issue comprises of selected papers from the International Conference on Law, Order and Criminal Justice, which took place on 19th and 20th November 2014, at the beautiful ISTAC Campus. The Conference was hosted by the Ahmad Ibrahim... moreThis Issue comprises of selected papers from the International Conference on Law, Order and Criminal Justice, which took place on 19th and 20th November 2014, at the beautiful ISTAC Campus. The Conference was hosted by the Ahmad Ibrahim Kulliyyah of Laws, IIUM, in collaboration with the Malaysian Judiciary, the Royal Malaysian Police, the Institute of Public Security Malaysia (IPSOM) and the National Council of Professors. The Conference focused on the modern criminal justice system with the aim of looking at the effectiveness of this existing system as a comprehensive system of controlling crimes and ensuring the safety of the public through various institutions, which are directed at maintaining social order and minimising crimes. In lieu of the challenges of the current criminal justice system, this Conference adopted the term “Law, Order and Criminal Justice” to cover all the different agencies and organisations involved in enforcing law and order, preventing crimes and meting o...Publication Date: 2015•Restorative justice in Islamic law: application in Malaysian legal history and the criminal justice systemmoreby Majdah ZawawiPublication Date: 2018Research Interests: Political Science()•Performance-Enhancing Medicines in Sports: Legal Discussionmoreby Majdah ZawawiMorally speaking, employing Performance-Enhancing Medicines (PEMs) in sports is not acceptable because using these medicines in sports competitions is associated with negative legal consequences. However, due to rapid advances in the... moreMorally speaking, employing Performance-Enhancing Medicines (PEMs) in sports is not acceptable because using these medicines in sports competitions is associated with negative legal consequences. However, due to rapid advances in the genetic modification technologies, there is a fear that these therapeutic technologies have been applied to athletes (e.g., to prevent Myostatin from incapacitating skeletal muscle groups). Additionally, taking and giving performance-enhancing medicines are not only unethical, but such activities could even be illegal because of the dangerous side effects of drugs associated with it. The main issue that this paper is going to discuss in the absence of criminal provisions addressing the actions of doping generally and gene doping in many existing legal systems around the world. Another issue that this paper deals with is the lack of laboratory screening methods that can discover the occurrence of gene modifications. In this regard, this study attempts to...Publisher: Global Academic Excellence (M) Sdn BhdPublication Name: International Journal of Law, Government and CommunicationResearch Interests: Business, Law and Ethics, Sports law/Anti-Doping/International Law, Medical Law and Ethics, Criminal Law Criminal Procedure Law, and 2 moreDoping in Sport and WADA Code(Doping in Sport and WADA Code) Download (.pdf)•Should fines also benefit victims? An evaluation of fines as a form of punishment in Malaysia with special reference to Islamic lawmoreby Majdah ZawawiExisting financial punishments in Malaysia, usually in the form of fines for certain offences are payable to the government. The victims (if any) are not entitled to benefit from such payment, which implies that the system has failed to... moreExisting financial punishments in Malaysia, usually in the form of fines for certain offences are payable to the government. The victims (if any) are not entitled to benefit from such payment, which implies that the system has failed to compensate the victims for losses that they have suffered. Another issue is the option provided for some offenders to pay a fine in lieu of imprisonment. This negates the principle of justice as it allows the rich to pay whilst the poor will have to face imprisonment. The question arises concerns the effectiveness of imposing fines to remedy the ailments in society. It also questions the reformative value of the punishment and how it can benefit the victim. This article evaluates the existing legal framework relating to financial punishments in Malaysia. In doing this, the objective of the article is to provide suggestions as to how these questions could be answered by incorporating Shari'ah principle of al-'adl.Research Interests: Islamic Criminal Law() Download (.pdf)•Genetic Screening of Newborns in Malaysia: An Ethico-legal Prognosismoreby Majdah ZawawiGenetic screening of newborns is not a cure in itself, but it is an important tool for physician to diagnose a genetic disease or disorder. It also provides hope for parents of children with these rare diseases for treatment or at least... moreGenetic screening of newborns is not a cure in itself, but it is an important tool for physician to diagnose a genetic disease or disorder. It also provides hope for parents of children with these rare diseases for treatment or at least some advice as to how to help these children grow in a more comfortable environment. This article argues that any jurisdiction wishing to introduce a specific genetic screening programme which makes it compulsory for parents of newborn children to submit their children for genetic testing must address the issue of informed consent of the parents, the type of tests that would be carried out and the treatment of the genetic information that has been obtained. Malaysia is used as an example of how these factors might be reflected in the law.Publisher: Oxford University Press (OUP)Publication Date: 2014Publication Name: International Journal of Law, Policy and the FamilyResearch Interests: Law and Medicine()•Pengklonan manusia menurut syarakmoreby Majdah ZawawiPublication Date: 2018•All you need to know about mootingmoreby Aliza Alias, Shahrul Mizan Ismail, and Majdah ZawawiPublication Date: 2013•Preventing Criminal Victimization in Ensuring Safe Cities: An Islamic perspectivemoreby Majdah ZawawiCrime prevention is considered as the main agenda of the government. Nevertheless, it has usually been overlooked that the victim him/herself can be the contributing factor to the criminal incident. The main problem is in educating the... moreCrime prevention is considered as the main agenda of the government. Nevertheless, it has usually been overlooked that the victim him/herself can be the contributing factor to the criminal incident. The main problem is in educating the community on the preventive measures that could be taken in order to avoid victimization of individuals. Such suggestions are based on Islamic principles. Hence this paper discusses the preventive measures that can be observed by both individuals and the community to prevent criminal victimization. Keywords: Criminal victimization; safe community; community inclusion; society and education eISSN 2514-7528 © 2018. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open-access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Rese...Publisher: e-IPH Ltd.Publication Name: Journal of ASIAN Behavioural Studies Download (.pdf)•International Cross-Border Surrogacy: An Analysis of the Malaysian Legal Positionmoreby Majdah ZawawiThis article explores the legal implications that arise out of cross border surrogacy arrangements. There is a need to examine the issues that arise out of such surrogacy arrangements because it affects the responsibilities towards the... moreThis article explores the legal implications that arise out of cross border surrogacy arrangements. There is a need to examine the issues that arise out of such surrogacy arrangements because it affects the responsibilities towards the resulting child. The article discusses among others, the problems in determining the legal parents, registration, custody and citizenship of the child. It is submitted that surrogacy arrangements, especially commercial surrogacy undermines the concept of the family and such an arrangement is immoral and opposed to public policy. In discussing these issues, this article first looks at the legality of surrogacy arrangements in Malaysia and around the world. It then analyses the effect of surrogacy arrangements under existing Malaysian laws and examines the possibility of adopting the child in Malaysia. Following that the article then outlines the citizenship issues that arise out of a surrogacy arrangement. A brief discussion on several unsettling issue...Publisher: IIUM PressPublication Name: IIUM Law Journal Download (.pdf)•Prevention of criminal victimization: An Islamic approachmoreby Majdah ZawawiPublication Date: 2012•Crime prevention through safe city planning: an Islamic perspectivemoreby Majdah ZawawiPublication Date: 2007And 14 more-by 30-day views-total views-followers Related AuthorsMuqtedar KhanSean W . AnthonyEbru AykutArmando Marques-GuedesAnver EmonJoas WagemakersSoner DumanWael HallaqKhaled M Abou El FadlLena Salaymeh ×CloseLog InLog in with FacebookLog in with GoogleorEmailPasswordRemember me on this computeror reset passwordEnter the email address you signed up with and we'll email you a reset link. TermsPrivacyCopyrightAcademia ©2024
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