Browsing by Author "Abdul Samat Musa"
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Publication The Concept and Scope of Defamation (Fitnah) in Al-Quran Al-Kareem and Its Relation to Freedom of Speech in Malaysia(AJBAS Publisher, 2015)Abdul Samat MusaThe issue of defamation is an issue that is so overwhelming that discussed by all walks of life. Al-Quran Al-Kareem also recorded this issue so thoroughly that it is mentioned more than eighty verses in total. In view of the importance of the issue of defamation which can influence the society, there are specific laws that have been enacted by the Parliament of Malaysia in ensuring the continuity of the enforcement of justice in the society through the concept of the rule of law which can be implemented accordingly. The discussions of this paper are mainly focused on the concept and scope of defamation according to Al-Quran Al-Kareem, As-Sunnah of the Prophet Muhammad (sallallahu ‘alaihi wasallam) and opinions of various scholars, and its relationship with the application of defamation laws in Malaysia. The findings from the research show that there is a close correlation on the importance and position of defamation in Islam and the Malaysian laws at large. A framework towards harmonizing the laws between Islamic and the Malaysian laws is a right step in identifying and resolving these issues more effectively. - Some of the metrics are blocked by yourconsent settings
Publication Constitutional Law: An Overview of the Islamic Approach and Its Contemporary Relevance(Atlantis Press, 2018)Abdul Samat MusaConstitutional law (al-fiqh al-dusturi) is one of the important aspects of shariah. However, it has not been given due elaboration by Muslim jurists and modern scholars, unlike other branches of Islamic law. Its potentials have not been fully explored and developed for the practical purposes in a modern system of government. However, generic studies on Islamic state abound, but very little has been devoted to discuss the principles of Islamic state in relation to constitutional law. This paper is an attempt to examine this dimension, and provide an overview of the Islamic approach to constitutional law, by analyzing some Islamic principles, seen in a contemporary context. Since principles of Islamic state permeate constitutional law, understanding of the former is inevitable; principles of Islamic state can also be regarded as Islamic constitutional principles. This research demonstrates that Islamic constitutional principles, while being faithful to basic tenets of religion, are flexible enough to accommodate the changing needs and varied applications in modern times. This aspect of the law requires further development by both shariah and constitutional experts. - Some of the metrics are blocked by yourconsent settings
Publication Control of Income Tax Evasion in Islamic (Shariah) and Malaysian Law (Comparative Study)(AJBAS Publisher, 2013)Abdul Samat MusaThis paper discusses the issue of tax evasion through exploration of the Malaysian legislation in comparison with Islamic Law. In this paper we pointed out the problem of tax evasion as a phenomenon may threaten the economy system in the country and deploying injustice among taxpayers. The main objectives of this paper are to analyse the principles of the Islamic (Shariah), and the relevant legal provisions governing income tax evasion in Malaysia, to identify the most important causes underlying tax evasion, to Show the impact of tax evasion on the community, to indicate the most important methods to control income tax evasion, besides showing the similarities and differences in the Malaysian and Islamic legal systems. We tried to highlight the possible solutions by suggestions and recommendations based on the results of this research. The importance of this research appears as the subject is lack of discussion and may be considered the first of its kind in this field, as a work highlights the need to educate the income tax payers about the seriousness of tax evasion, the consequent damages to the financial system and the public interest in country. In addition to its uniqueness in terms of comparisons to (Shariah), this expected to add richness to the research, and so will open the prospects for further studies on this subject. This research also highlights the need to educate the income tax payers about the seriousness of tax evasion, the consequent damages to the financial system and the public interest in Malaysia. Significant importance of this research can be seen in its contribution to the improvement of the Malaysian tax administration, where it provides some methods that will reduce the phenomenon of income tax evasion. This paper consists of three sections; the first is dealing with the provisions of income tax evasion in Islamic law (Shariah) and Malaysian law, the second highlights the causes and effects of tax evasion and the third section is devoted to show methods of controlling evasion of income tax in (Shariah) and Malaysian law. The paper has arrived at certain result in this field and concluded with certain reconditions, considered important in the point of view of the writer. - Some of the metrics are blocked by yourconsent settings
Publication Human Rights: An Overview of Islamic Dimensions(UKM Press, 1994)Abdul Samat MusaMisconceptious about Islamic Law remain, especially in the West, regarding the connection of the concept of Islamic State with human rights in general, and the rights of the non-muslims in particular. These misconceptions are due to a lack or absence of exposure of an Islamic theory of human rights, and the domination of the Western version of human rights in eduction, thoughts and its influence in the international media and forums. As a result, the West seems to be less appreciative of the non-Western values on human rights. This article attempts to remove some of these misunderstandings, and highlight some of the Islamic contributions, approaches and dimensions in the protection of human rights. Also, to show the universality of the Islamic theory , in dealing, not oly with the multi-religious and racial elements within the natural boundaries, but also with interntional relation in a plural world, especially in the process of establishing a new world order. - Some of the metrics are blocked by yourconsent settings
Publication Pengurusan Ibadat Haji: Kajian Keberkesanan Program Bimbingan Haji, Lembaga Tabung Haji Malaysia Di Tanah Suci Mekah 1430h/1431h(Jabatan Wakaf, Zakat dan Haji (JAWHAR), 2012) ;Abdul Samat MusaSyed Najihuddin Bin Syed Hassan - Some of the metrics are blocked by yourconsent settings
Publication Perlindungan Hak Isteri Dalam Pentadbiran Undang-Undang Perceraian Di Mahkamah Syariah Selangor Dan Wilayah Persekutuan Kuala Lumpur(Universiti Sains Islam Malaysia, 2005) ;Abdul Samat Musa ;Abdul Manan Ismail ;Dina Imam SupaatArif Fahmi Md YusofThis research focuses on legal aspects related to divorce particularly pertaining to rights of women as administered in the Syariah Courts of Selangor and Federal Territory of Kuala Lumpur. It pays special attenti011 to legal aspects and the syariah law in protection of women's rights in the administration of divorce laws and its implementation and enforcement, regulations at the pre-trial level, during the trial and the implementation of court's decision and enforcement of court order. The research is library and field based. For field research the researcher conducted survey involving husband and wives who were directly concerned with divorce cases, legal practitioners, those officers who are involved in the pre-trial level. One of our major finding is that the law related to divorce has provided sufficient and fair protection for women but there are certain matters and aspects of the implementdion that need improvement. - Some of the metrics are blocked by yourconsent settings
Publication حم اية المستهلك في دولة الإمارات العربية المتحدة(USIM Press, 2023-03-17) ;Ghenaa Musaed Mohammed AlmatriAbdul Samat MusaThe research paper deals with the issue of consumer protection in the UAE legislation, which is one of the topics that received great attention from the legislator due to its importance in the economic system applied by the state. The study comes within the framework of fraud and deception that occurs in transactions in general, especially in the field of foodstuffs and medical items, as it is related to the public health of society, which takes the lives of consumers. Its importance stems from the fact that consumer protection is an actual translation of the contemporary concept of human rights, as man always seeks to achieve the principle of freedom in all fields, and the consumer has the right to protection against products and services that harm his health, and his right to compensation in case of abuse. - Some of the metrics are blocked by yourconsent settings
Publication ضمانات حصول المتهم على المحاكمة العادلة في ضوء القانون الفلسطيني والشريعة الإسلامية(Universiti Sains Islam Malaysia, 2020-10-29) ;رمضان محمد عبد الله عوض ;Abdul Samat MusaAbidah Abdul Ghafar - Some of the metrics are blocked by yourconsent settings
Publication مبدأ عالمية الاختصاص القضائي الجنائي والحصانة الجنائية لرؤساء الدول(Universiti Sains Islam Malaysia, 2011) ;Ahmad Abdullah Widan ;Abdul Samat MusaAl-Saddiq Daww Al-NurThis research aims at studying the international law of criminal justice of national courts and penal immunity of presidents of countries, which allow any countries to practice judgment on specific crimes of international concerns that cannot be detected within limited boundaries. The problem statement of this research is that applying the law of international criminal justice clashes with a number of approved law principles such as sovereignty of all countries, immunity clause in national constitution and international law of the presidents of the respective countries. This research uses analytical method to present a particular legal situation and problems of applying the relevant law. It is found that although the concept of international law of criminal justice is very important due to its principle that any war criminals cannot escape penalty, it is usually difficult to apply it practically because of its clashes with the political motives. It is, therefore, necessary to regulate certain principles in this law to ensure its proper implementation. - Some of the metrics are blocked by yourconsent settings
Publication مدى سلطة المحكّم في البتّ في اختصاصه في التّشريع الليبيThe principle of competence in jurisdiction is an important basis in commercial arbitration for its importance in reducing the time of litigation. The trust of the litigants in the arbitrator does not stop at the subject matter of the dispute but extends to all its preliminary decisions before the judgment in the case. This principle is explicitly adopted in the majority of arbitration centres. However, Libyan jurisprudence does not adopt this principle, and it is left vague under the provisions of article 757 of the Code of Plea on Matters outside the Jurisdiction of the Arbitrators, which could result in a contradiction in the arbitration decisions. Thus, this paper deals with the limits of the authority of the arbitrator in enforcing his jurisdiction under Libyan legislation by relying on the inductive method and analytical deductive approach. This research concludes that the principle of jurisdiction is one of the most important principles of international arbitration. However, Libyan legislators have not properly addressed the issue on the invalidity of the arbitration clause in a true contract due to the ambiguity of Article 757 of the Libyan Code of Procedure on matters beyond the jurisdiction of the arbitrators. There is thus an overlap between the judiciary and arbitration in specifying the jurisdiction of the arbitrator in the texts of the draft arbitration law