The respect for patient autonomy is a bioethical principle that has acquired a compelling degree of prevalence in modern medical practice. While a doctor is ethically and lawfully bound to respect a patient’s preference and personal values in administering the requisite treatment, the duty to do so is more intricate in end-of-life care, when most patients are unable to partake in the decision-making process. An advance medical directive thus provides an assurance that the patient’s right to make autonomous decisions is preserved and will not be defeated by any future incapacity. It also serves to alleviate the ethical dilemma faced by doctors and assist them to determine the course of treatment according to the incompetent patient’s wishes. In turn, this facilitates healthcare providers to effectuate a more functional allocation of resources, which include costly life-sustaining equipment. In Malaysia, although advance care planning and advance medical directives are fairly novel concepts, there have been recent calls by certain sectors to increase awareness among the public and incorporate such measures into the delivery of healthcare services. This paper seeks to discuss the viability of integrating advance medical directives into the Malaysian regulatory framework on the provision of healthcare. Accordingly, this will also include deliberation on the Islamic standpoint with regard to the subject matter, in view of Malaysia’s religious demography and the position of Islam as the official religion of the country.

End-life care is an aspect of health care in Malaysia that is progressing in terms of delivery of services. It does not appear to be supported by a comprehensive regulatory framework, which includes proper ethical guidelines to facilitate doctors in making and implementing end-of-life decisions and legal safeguards in relation thereto. In other common law countries, where end-of-life care has achieved advanced status, these components are integrated in their health care policies, legislation and ethical codes. This paper proposes recommendations towards a more inclusive scheme that would facilitate and guide doctors in the end-of-life decision-making process on one end, while providing the requisite legal protection and assurance for doctors in the discharge of such duties, on the other.

End-of-life decision-making is an area of medical practice in which ethical dilemmas and legal interventions have become increasingly prevalent. Decisions are no longer confined to clinical assessments; rather, they involve wider considerations such as a patient's religious and cultural beliefs, financial constraints, and the wishes and needs of family members. These decisions affect everyone concerned, including members of the community as a whole. Therefore it is imperative that clear ethical codes and legal standards are developed to help guide the medical profession on the best possible course of action for patients. This article considers the relevant ethical, codes and legal provisions in Malaysia governing certain aspects of end-of-life decision-making. It highlights the lack of judicial decisions in this area as well as the limitations with the Malaysian regulatory system. The article recommends the development of comprehensive ethical codes and legal standards to guide end-of-life decision-making in Malaysia.

The concept of patient autonomy or self-determination is one of the dominant ethos in modern medical practice. The demands by patients to be given respect, independence and dignity in medical decision making have been heeded and mirrored in many ethical codes and judicial decisions. The development of the law relating to informed consent, euthanasia, confidentiality, and reproduction issues have clearly reflected the reinforcement of patient autonomy in which patients’ choices should be free from coercion and unwanted interference. Paternalistic infringement in these areas have been regarded as outmoded and are disfavoured, as respect for a patient’s right to determine his own destiny is given precedence. The escalating medico-legal cases have further emphasised the salience of this concept in the provision of medical services. Nevertheless, while the importance of patient autonomy is duly recognised, the advancement of this concept is not without its limitations; it accordingly has to evolve within the perimeters of one’s religious and cultural precepts. For Muslim patients, the right and ability to make their own choices and decisions about medical care and treatment must be within the defined limitations of the Shari’ah. The emphasis on individualism, personal gratification and the denial of faith in medical decision making is inconsistent with Islamic values. Therefore it is necessary that principles relating to the concept of patient autonomy be developed within the sphere of the Shari’ah, in order to ensure their coherence with the doctrinal requirements stipulated in Islam. Keywords: medical practice, autonomy, self-determination, medical paternalism, shari 'ah, limitations

The decision-making process at the end of life, more often than not, takes place in a highly charged atmosphere as it deals with the delicate issue of death and the dying process. Doctors are confronted with difficult decisions whether to continue, withhold or withdraw medical interventions from terminally ill patients, which involve an array of ethical dilemmas. This includes situations when there exist conflicts between the religious and cultural values of the patient and routine medical practice, or when the wishes of the patient’s family members are opposed to what the doctor feels would be in the best interests of the patient. At the moment, Malaysia does not have comprehensive guidelines that incorporate the religious perspectives of end-of-life care to help guide doctors to understand the Islamic standpoint on such issues. This paper seeks to highlight the discussion and rulings on end-of-life decisions from the Islamic context with the hope of increasing the understanding of such issues among Malaysian medical practitioners and guide them in the decision-making process. To such end, this study employs the qualitative method of doctrinal analysis by referring to both primary and secondary sources relating to medical treatment and issues at the end of life. Findings of this research demonstrate that Islam provides a holistic approach to the subject matter, which will assist doctors to address the prevalent issues in end-of-life care and provide assurance to Muslim doctors, in particular, of the ethicality of their actions.

The subject of euthanasia has generated many controversial debates, particularly on its legality. This has been primarily due to the doctrine of sanctity of life which is a predominant principle in many religions and is embedded in moral values. The underlying precept is that human life is sacred and demands respect, as all life comes from God and life can only be taken away intentionally through due process of law. Thus, ending a person’s life, even upon his or her request, is considered in many jurisdictions as a criminal offence.Irrespective of humanitarian motives, a doctor who aids a patient in this act will be in breach of his unequivocal duty as a doctor and considered to have committed an unlawful act, which will subject him to legal sanctions. Countries such as the United Kingdom, Australia, New Zealand and Turkey have explicit legal provisions banning, in particular, active euthanasia, while countries such as the Netherlands, Belgium, Switzerland and certain states in the U.S have taken positive steps to legalise euthanasia in certain aspects. The ethical codes and laws in Malaysia have yet to develop to the fullest extent in dealing with these issues. Although Malaysian statutory legislation contains provisions banning active euthanasia, the legal position on passive euthanasia remains implicit. In the absence of indicative legal provisions and judicial precedents governing certain matters arising, it has been the practice of the Malaysian courts to refer to relevant legal principles inherent in English cases. As Islam is proclaimed as the country’s official religion, the Islamic perspective is also an important and influential factor in the development of the legal framework in Malaysia as a whole. Thus, there is a need for the existence of a clear and comprehensive regulatory framework governing the legality of euthanasia in Malaysia.

As Malaysia is predicted to be an ageing nation by the year 2030, developing a retirement village shall be an avenue for senior citizens to have a welfare and conducive placement for them to spend their time with value-added amenities that cater their special needs. Nevertheless, the hurdles that Malaysia faces is the non-existence of any legal framework to govern the establishment of retirement village in Malaysia. As a result, this has caused problems not just to the authorities but also the operators or developers who might be interested to embark in this kind of project. This paper discusses the overview concept and elements of retirement village sector in Malaysia and other jurisdictions, and the possibility of having a sustainable legal framework in regulating the sector. The legal issues and possible unintended consequences that may arise out of the development of retirement village in Malaysia is also discussed in this paper. Document analysis on relevant Malaysian retirement village is conducted. Reference to other models of retirement village in other countries is also made in identifying the suitable practices to be implemented in Malaysia. Having a proper legal guideline on this shall improve the well-being and quality of life of Malaysian senior citizens in line with Sustainable Development Goals. This legal framework shall be helpful to the authority, government agencies, community, and operators of retirement village in Malaysia.

Religion and spirituality have always played a major and intervening role in a person’s life and health matters. With the influential development of patient autonomy and the right to self-determination, a patient’s religious affiliation constitutes a key component in medical decision making. This is particularly pertinent in issues involving end-of-life decisions such as withdrawing and withholding treatment, medical futility, nutritional feeding and do-not-resuscitate orders. These issues affect not only the patient’s values and beliefs, but also the family unit and members of the medical profession. The law also plays an intervening role in resolving conflicts between the sanctity of life and quality of life that are very much pronounced in this aspect of healthcare. Thus, the medical profession in dealing with the inherent ethical and legal dilemmas needs to be sensitive not only to patients’ varying religious beliefs and cultural values, but also to the developing legal and ethical standards as well. There is a need for the medical profession to be guided on the ethical obligations, legal demands and religious expectations prior to handling difficult end-of-life decisions. The development of comprehensive ethical codes in congruence with developing legal standards may offer clear guidance to the medical profession in making sound medical decisions.

This descriptive paper discusses the issue of reparation for unlawful expropriation of foreign investment, which is considered one of the most controversial areas in international law. many scholars point out that the Public purpose, non-discriminatory basis, due process of law, obligation not to infringement any prior contractual obligation, and payment of compensation, are the main conditions that commonly set for the legality of an expropriation by international law. The expropriation should be achieving this primary conditions of conduct to be considered as lawful expropriation. If the State fails to meet such preconditions the expropriation becomes unlawful and it entails the international responsibility of the State. While there is no general debate in customary law at the present time about the state's obligation to compensate for expropriation of foreign investment, where it's under customary international law, when a state breaches its obligations or exercises its power in a way that deprives a party of its property, that party is entitled to one of the following forms of reparation: restitution, compensation or satisfaction. what is the concept of unlawful expropriation of foreign investment? When the expropriation considered unlawful? what is the forms of reparation? what is the position of BITs and arbitral tribunals from the reparation for unlawful expropriation? These are important questions should be answered in a sequential methodology manner. Only by figuring out the answers of these important questions and making references to former arbitral tribunals decisions can we understanding the reparation for unlawful expropriation and its forms

Over the last three decades, the Islamic finance industry has grown at an exponential rate, with current market sizes ranging from USD1.66 trillion to USD2.1 trillion. It is predicted to grow to furthermore than USD4 trillion by the end of 2025 (Islamic Commercial Law Report 2018). This rapid progress should be accompanied by IFIs' financial and non-financial disclosure to shareholders, existing and potential investors, and capital providers of the institution's economic resources, claims on those resources, and any transactions or events that may affect them. Disclosure is one method of disseminating information to investors in order to be transparent, which can aid them in making better investment decisions. This study investigates the significance of Islamic Financial Institutions' (IFIs') Environment, Social, and Governance (ESG) disclosure and its relevance in the eyes of Maqasid al-Syariah. It is maintained that, while the environment, social, and governance components of business highlighted in ESG disclosure are within the scope of Islamic law, they are not prioritised by IFIs. This is demonstrated by IFIs' weak ESG disclosure, as well as a lack of awareness and voluntariness in the topic. As a result, this article demonstrates the good motivations and effects of ESG disclosure for IFIs.

The current global Muslim community is facing new challenges amidst the remnants of historical colonisation, sectarianism, and current geopolitical, economic and social realities. Despite these challenges, Muslim communities in general have been consistent in preserving the religious precepts derived from the primary sources of Al-Quran and Al-Sunnah, which form the foundation of the Islamic identity. Although widely underemphasised, futures thinking is deeply ingrained in the precepts of Islamic thought since the time of Prophet Muhammad (pbuh), which unbeknownst to many, has indubitably shaped the transformation not only in Muslim communities, but has also influenced global shifts in civilisation from multifarious aspects, for example, science and technology, arts, governance and social justice. This paper seeks to illustrate the significance of Islamic futures thinking as a foundation for progress in Muslim communities, by applying the qualitative methods of content analysis and engagements in focus group discussions. To this end, the study analyses data obtained from the exploration of Islamic texts, traditions and literatures on the Islamic perspectives of futures thinking. This paper advances the proposition that futures thinking has a profound basis in Islam due to the universal nature of the Islamic concepts of knowledge, the methods of addressing gradual and imminent change, its constant inspirations towards excellence and a justly balanced society, as well as Islamic ethics in foresight. Findings of this study highlight the importance of futures thinking as a capacity that must be developed in the Muslim world as part of the process towards long term social transformation.

It is agreed that the property right is one of the sacred rights guaranteed by the Islamic sharī'ah for individuals and bodies, but this right is not absolute, but it is permissible for the state in some cases to take the property from its owner by coercion in the event of a public interest that is achieved by taking the property from its owners and the owner's refusal to sell the property to the state by mutual consent. Since the state bears the responsibility for achieving the public interest and protection it, it must take the private property from its owners to achieve the public interests of society, and although some may see the expropriation of the private property to achieve the public interest as exceeded and infringed the right of the property to individuals and an attack on one of the five purposes for sharī'ah which is save property, but it is possible to infer the legitimacy of this behavior by reviewing and analyzing the prophetic Sunnah represented by the actions of the Prophet, PBUH, and taking the ownership of others to achieve public interest, in addition to the Sunnah of the Rightly Guided Caliphs after him and the equivalent caliphs from their pledge who followed the guidance The Prophet, may God’s prayers and peace be upon him, and talked some of the properties from their owners to achieve the public interests of society. It is also possible to infer the legitimacy of this behavior by researching the position of the four Sunni schools from taking the private property from its owner to achieve the public interest in addition to the application of some jurisprudential and fundamentalist rules to this behavior. The aim of this study is to clarify the concept of taking the private property to achieve public interest, and to explain the position of the Islamic Sharia from this behavior.