Browsing by Author "Fareed Bin Mohd Hassan"
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Publication COVID-19 as a National Security Issue in Malaysia: A Comparison with the Italian and Australian Perspectives(Richtmann Publishing, 2021) ;Noor Dzuhaidah Binti Osman ;Fareed Bin Mohd Hassan ;Amalina Ahmad TajudinMuhammad Nizam AwangCOVID-19 pandemic affects variations of countries’ national strategies, policies, and plans of actions while at the same time these arrangements afflicting their residents by implementing a variety of health and legal measures to flatten the COVID-19 curve. This stretches from prohibiting overseas travel, forbidding interstate travel, encouraging work from home closings of some public areas, compulsory wearing of marks and hand sanitisers, quarantine, social distancing, and a mixture of various actions. Malaysia in implementing its laws and regulations on COVID-19 is empowered mainly by the Prevention and Control of Infectious Diseases Act 1988 (Act 342) together with its newly imposed COVID-19 regulations and the old Police Act 1967 (Act 344). The movement control order coupled with the social distancing measures has appeared to be the effective actions in flattening the COVID-19 curve. The study attempts to map COVID-19 as a national security matter for the benefit of public health and national security concurrently within the scope and limits of Malaysia’s public health measures and prevention of diseases, in the protection of security and public order. This paper then proposed for COVID-19 and other future health crises or pandemics as national security issues. This in turn legitimising the health, security, or emergency measures, either developing on the existing laws or moving towards a more practical form of law in line with future unforeseeable threat and intervention. The Australian and Italian laws relating to COVID-19 are analysed to provide better insight and suggest solutions enabling countries facing a future emergency or crisis issues. - Some of the metrics are blocked by yourconsent settings
Publication Orang Asli Customary Land And Adat Perpatih: A Case Study On Temuan Land In Negeri Sembilan(Faculty Of Law Universiti Malaya, 2020) ;Izawati Binti Wook ;Arif Fahmi Md Yusof ;Intan Nadia Ghulam Khan ;Kamilah Wati Mohd ;Fareed Bin Mohd HassanAbd. Hakim Bin Mohad @ Mohamad RamliNot much is written about custom and customary law of Orang Asli communities, particularly on land matters, which the ownership remains contentious. Land is an essential foundation for the vulnerable indigenous peoples to maintain their livelihoods and identities. By providing a case analysis on the custom, practice, use and traditions relating to land of the Orang Asli Temuan in Negeri Sembilan, drawn on the framework of common law jurisprudence on indigenous peoples’ customary land, this paper illustrates the significance of land and its security for the communities. In particular, it investigates the concept, meaning and perspectives of customary land among Orang Asli in selected villages, i.e. Langkap, Kuala Pilah; Parit Gong, Jelebu; and Bukit Kepong, Pasir Panjang. It takes a qualitative approach through interviews and focus group discussion with the headmen, other leaders of the communities, and relevant stakeholders, including an expert in the Adat Perpatih (customary laws) which are practiced by the Temuan Orang Asli. The research found that the Temuan regard the land in which they live as a territory belonging to the community in which the members have different types of rights. Within that territory, families have ownership right over certain areas meant for different uses including for settlement and economic activities with boundaries known to the community members. The ownership of these areas of land is passed to the next generation according to their customary rules. This also includes the land regarded as ancestral land passed from their ancestors. Beside this part of land, areas surrounding the settlement and agricultural areas within the territory are regarded as common access meant for foraging to find food or other resources to add to their source of income. These common areas serve as buffer zone to members who are in need. This topic is under-researched yet vital for policy makers, decision makers and the public in paving the way for greater protection of indigenous peoples’ lands.