Browsing by Author "Muhammad Nizam Awang"
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Publication The Conceptual Nexus Between Islamic Foresight, Islamic Thought And The Shariah(USIM PRESS, 2024) ;Norfadhilah Mohamad Ali ;Fadhlina Alias ;Hendun Abd Rahman Shah ;Muhammad Nizam AwangRana Abu-MounesThe 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 thoughtsince the time of Prophet Muhammad (pbuh), which unbeknownst to many,hasindubitably 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 analysesdata obtained from the exploration of Islamic texts, traditions and literatures on the Islamic perspectives of futures thinking. This paper advances the propositionthat 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. - Some of the metrics are blocked by yourconsent settings
Publication Copyright Exceptions for Teaching and Research Purposes: A Comparative Study Between Palestine and Malaysia(UUM Press, 2023) ;Mohammed Mahmoud Qtait ;Muhammad Nizam Awang ;Haliza A. ShukorIntan Nadia Ghulam KhanCopyright exceptions for teaching and research purposes have turned into a significant issue for achieving a balance between the copyright owner and copyright users. The regulation of this issue is reflected in the Copyright Acts 1911 and 1987 for Palestine and Malaysia, respectively. The Palestine Copyright Act 1911 dismisses teaching and research copyright exceptions in detail and has not been amended since 1911; signifying a huge setback in regulating this issue and the pressing need to improvise the Act in order to achieve a balance between the copyright owner and copyright users. The present study has looked into the teaching and research exceptions detailed in the Palestine Copyright Act 1911 with the aim of suggesting improvements in the Act. The comparative research approach was used, along with a functional method. The findings revealed that the Malaysia Copyright Act 1987 offers several provisions in regulating the teaching and research exceptions based on a fair dealing rule, while the Palestine Copyright Act 1911 lacked provisions in regulating these exceptions despite its fair dealing principle. This points to the need for improvements in the Palestine Copyright Act 1911. - Some of the metrics are blocked by yourconsent settings
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 The Criminal Responsibility Of Doctors Arising From The Use Of Modern Medical Methods In Omani Legislation And Comparative Law(OCERINT International Organization Center of Acade, 2022)Muhammad Nizam AwangThis comparative analytical study aims to: discuss the criminal responsibility of doctors, regarding the use of modern medical methods in the Omani legislation, which has recently appeared in the world; Numerous pieces of legislation to legalize modern medical practices, which have been termed bioethics legislation. There is a need to develop strict rules to determine the liability of physicians in line with scientific progress, and to address the shortcomings of legislation regarding physician liability for medical errors. The topic has been discussed in two sections: First: The scope of medical responsibility for the application of genetic engineering and the prohibition of cloning. The second topic: the scope of the criminal responsibility of physicians for organ transplantation and transplantation. The findings revealed that: the following results: The criminal responsibility is raised in contemporary man-made laws as well as criminal responsibility in Islamic law. In the event of committing a medical crime that falls on the human body, and criminal responsibility is established in the event of an assault on it, whether the same assault was intentional or unintentional. This is because the physician's commitment does not aim to achieve a specific goal, but rather is an obligation to exert effort to reach a goal. - Some of the metrics are blocked by yourconsent settings
Publication Legal And Regulatory Challenges Of Halal Certification: Insights From Cosmetic Manufacturers On Halal Built-in Implementation(Human Resource Management Academic Research Society, 2022) ;Yuhanza Othman ;Muhammad Nizam AwangHendun Abd Rahman ShahThe halal built-in concept assures that the whole cosmetic manufacturing process complies with the halal requirements and all related aspects of safety, cleanliness, efficacy, and quality. However, the challenges faced by cosmetic manufacturers in halal cosmetics will undermine the effectiveness of the halal built-in concept. This study will examine the legal and regulatory challenges cosmetic producers experience in complying with halal requirements throughout cosmetic production. To achieve the objective, this study adopted a qualitative method in which data were collected through interviews with twelve halal-certified cosmetic manufacturers and two industry experts. This study found that halal cosmetic manufacturers encounter challenges in getting halal raw materials, dealing with unsupportive suppliers, maintaining halal during production, and preparing documentation for the halal application. This study will enlighten suppliers, competent authorities, and the government on the efforts taken by halal cosmetic manufacturers to maintain the halal certification of the products so that it helps reduce all obstacles. - Some of the metrics are blocked by yourconsent settings
Publication Nanotechnology within Halal Legal Framework: Case Study of Nano-Based Food Products(Universiti Sains Islam Malaysia, 2019) ;Muhammad Nizam AwangZakaria, Z.'Halal' is currently being pursued in many consumer products, including those that containing nanomaterials or regular materials manipulated at nano-scale level. As the governor of Halal affairs in Malaysia, the Department of Islamic Development Malaysia (JAKIM) is responsible to ensure regulatory approval for nano-based products must be consistent with the Halal parameter set out under Syariah law. Despite Halal certification in this area also remains low in Malaysia, there is a need to investigate the approach to regulating nanotechnology products in order to see if protection of consumers is guaranteed; and whether Halal and safety mechanisms for consumer products are vigilant enough. In realising these aims, this paper takes nano-based food products as a case study. Through analysis, this paper provides an original perspective of how can the existing Halal legal framework adequately covers nanotechnology products. It will involve, firstly, the discussions of the Trade Description Act 2011 or TDA 2011 (as well as the Trade Description (Definition of Halal) Order 2011 and the Trade Description (Certification and Marking of Halal) Order 2011) and legislations governing the two specific sectors. Secondly, it examines whether the existing Halal legal framework is capable of dealing with more complex and sophisticated technology-based products like foods that contain nanomaterials or using nanotechnology. In setting out the parameter of whether the existing regulation is adequate to protect consumers, it highlights legal and regulatory issues relevant to safety regulation of nano-enabled food and cosmetic products. The paper finds that the current Halal legal framework has covered all consumer goods and products, including nano-based products. Indeed, the products are also subject to specific Halal monitoring and enforcement similar to other Halal approved products. This is also in tandem with the concept of Halal Thoyyiban that permits any goods for consumption as long as they are safe and do not cause harm. However, within this it should not be forgotten that such products/technology remain the subject of considerable research as this technology is relatively nascent and the safety/ risk threshold has not been fully ascertained. - Some of the metrics are blocked by yourconsent settings
Publication Negotiation of needs towards halal talents sustainability(Emerald Group Holdings Ltd., 2020) ;Abdul Rahim, Norhayati Rafida ;Abdullah, Ismail ;Yahya, Noor Azrina ;Muhammad Nizam Awang ;Muhammad, Siti Zubaidah ;Ahmad Sabri, SafiyyahAhmad, Norfaizah NadhrahPurpose: This study aims to identify the negotiation parameters of needs for Halal talents in Malaysia and proffer solutions on the sustainability of halal talents in Malaysia. Design/methodology/approach: A focus group discussion was performed among seven Halal talents from the industries of various schemes. Using the theory of inventive problem solving (TRIZ) analysis approach, a functional model, as well as causes and effect analysis, is generated by the participants. The model is translated into a contradiction matrix to obtain the necessary solutions in developing a sustainable framework for Halal Talents in Malaysia. Findings: The cause-and-effect analysis reveals that poor career path, lack of training and poor salary structure are experienced by the participants. Research limitations/implications: Having had vast categories of halal industries, this research focuses on nine schemes under halal certification JAKIM which excludes banking and tourism. Practical implications: It is suggested that the implementation of mutual benefits should be in place to enhance positivism among Halal talents in the near future. Originality/value: Unlike the social science approach, the use of TRIZ analysis provides a substantial framework of sustainability among halal talents in Malaysia. � 2020, Emerald Publishing Limited. - Some of the metrics are blocked by yourconsent settings
Publication Negotiation of Needs Towards Halal Talents Sustainability(Emerald Group Publishing, 2022) ;Norhayati Rafida Abdul Rahim ;Ismail Abdullah ;Noor Azrina Yahya ;Muhammad Nizam Awang ;Siti Zubaidah Muhammad ;Safiyyah Ahmad SabriNorfaizah Nadhrah AhmadPurpose – This study aims to identify the negotiation parameters of needs for Halal talents in Malaysia and proffer solutions on the sustainability of halal talents in Malaysia. Design/methodology/approach – A focus group discussion was performed among seven Halal talents from the industries of various schemes. Using the theory of inventive problem solving (TRIZ) analysis approach, a functional model, as well as causes and effect analysis, is generated by the participants. The model is translated into a contradiction matrix to obtain the necessary solutions in developing a sustainable framework for Halal Talents in Malaysia. Findings – The cause-and-effect analysis reveals that poor career path, lack of training and poor salary structure are experienced by the participants. Research limitations/implications – Having had vast categories of halal industries, this research focuses on nine schemes under halal certification JAKIM which excludes banking and tourism. Practical implications – It is suggested that the implementation of mutual benefits should be in place to enhance positivism among Halal talents in the near future. - Some of the metrics are blocked by yourconsent settings
Publication Negotiation Parameters Of Needs Versus Interest Towards Sustainability Of Halal Talents In Malaysia(Academic Inspired Network, 2020) ;Norhayati Rafida, A. R. ;Noor Azrina, Y. ;Siti Zubaidah, M. ;Muhammad Nizam Awang ;Safiyyah, Ahmad Sabri ;Jusang BolongNitty Hirawaty, KamarulzamanMalaysia is recognized as the Halal Hub in the region of Asia and a leader in the world’s Halal industry. As a progressive Muslim country with consistent economic development and growth rate as well as political and social stability. As announced by Malaysian Minister of International trade and Industry in 2017, one of the pertinent issues that must be addressed by the country if it wishes to achieve global halal hub status by 2020 is sustainability. In order to achieve the sustainability, the study wishes, 1) to identify the negotiation parameters of interest among halal talents in Malaysia; and 2) to identify the negotiation parameter of needs among halal talents in Malaysia. A qualitative approach is employed through a depth interview with five halal experts representing industries, authority, academicians and non-governmental organization (NGO). The findings reveal an emphasis on the parameter of needs have been negotiated more than the interests in halal sustainability framework for halal talents in Malaysia. It is suggested that the halal industries should give priorities to the needs of halal talents in terms of wages, promotion and trainings respectively. Keywords: Negotiation, Interests, Needs, Halal, Talents, Sustainability - Some of the metrics are blocked by yourconsent settings
Publication Penglibatan Wanita Sebagai Penentu Dasar Dari Sudut Pandangan Al-Siyasah Al-Syar'iyyah : Kajian Kes Sektor Perbankan Islam Di Malaysia(USIM Press, 2020) ;Norfadhilah Mohamad Ali ;Muhammad Najib AbdullahMuhammad Nizam AwangKerajaan Malaysia telah menggubal Dasar Wanita Negara (DWN) dan pelancaran pertamanya adalah pada tahun 1989 sehingga ke tahun 2020. Antara matlamat DWN, ialah perkongsian saksama antara wanita dan lelaki dalam memperoleh dan mengawal sumber dan peluang penyertaan serta menikmati manfaat pembangunan. Ini adalah peluang yang amat baik untuk menampilkan keupayaan wanita dalam semua sektor ekonomi negara. Kertas ini cuba menggariskan keserasian usaha ini dengan prinsip-prinsip al SiyÄsah al Syarciyyah.yang memartabatkan tadbir urus yang baik, penglibatan holistik, keperluan manusia dan kepentingan bersama. Kertas ini mengutarakan satu kajian kes yang meneliti lantikan wanita yang menganggotai lembaga pengarah bank dan badan penasihat Syariah bank di 16 buah institusi bank Islam di Malaysia dari tahun 2012 sehingga tahun 2018, suatu lantikan yang penting dan melibatkan pembuatan keputusan dalam sektor tersebut. Kajian mendapati bahawa sungguhpun tenaga kepakaran Malaysia di dalam sektor perbankan Islam telah diiktiraf di persada antarabangsa, penglibatan wanita sebagai penentu dasar dalam tempoh masih tidak mencapai sasaran minima 30%. Kertas ini mencadangkan peningkatan penglibatan wanita dalam sektor ini. Penglibatan wanita secara umum dalam penentuan dasar juga adalah selari dengan semangat al SiyÄsah al Syarciyyah untuk tadbir urus yang baik, penglibatan menyeluruh dan kelestarian pembangunan. - Some of the metrics are blocked by yourconsent settings
Publication Personal Data Protection Of Predictive Analytics In Online Shopping: From Malaysian Legal Perspective(Penerbit USIM, Universiti Sains Islam Malaysia, 2020-11-18) ;Muhammad Afdal bin Noor AzmanMuhammad Nizam AwangLack of legal coverage over personal data protection in predictive analytics of online shopping is a huge concern. This would expose their personal data to misuse whether for legal or illegal purposes especially in online shopping, hence cause privacy intrusion. It was argued that the information used during the processes of predictive analysis will not infer any particular person, thus deprive their privacy of life. Study shows that, the latest Personal Data Protection Act (PDPA) 2010 does not cover the usage of personal information under predictive analytics processes. This shows the lacuna or the gap of the gazetted law. Besides, a statistic in September 2019 reported that more than 26 million of Malaysians are using internet, and the data from GlobalWebIndex also shows that 80 percent users between the ages of 16 and 64 are using online shopping platforms. The main aim of this paper is to propose a number of preliminary suggestions to ensure that the personal data gathered from online shopping which were used in predictive analytics are covered under the PDPA 2010 with reference and comparison from the leading jurisdictions such as United Kingdom and United States of America, and also from Asian Pacific countries such as Hong Kong, New Zealand and Australia. This paper focuses on the online shopping platforms because the personal data can be easily collected and exposed to many users compared to the collected data in other type of businesses. The most testing question here is whether the data used in the predictive analytics of the online shopping is within the ambit of personal data protection under PDPA 2010 in particular, and under the General Data Protection Regulation (GDPR) in general. In this context, the PDPA 2010 only covers the personal information from the commercial transaction with exception to, Federal and State Governments, as well as the personal data processed outside Malaysia. Furthermore, predictive analytics is commonly defined as an area of statistics that deals with extracting information from data and using it to predict trends, behaviour patterns, and etc. To achieve the objective of this paper, the study will be conducted through literature review which is qualitative in nature. A recent study shows that some countries such as Australia does consider a set of individual information used in predictive analytics deemed as personal data and should be protected under the law. Thus, it is recommended that the personal data involved in the predictive analytics collected from the online shopping to be covered under the ambit of PDPA 2010 - Some of the metrics are blocked by yourconsent settings
Publication Studies of Environment, Social And Governance Disclosure by Islamic Financial Institutions (IFIS) in Connection with Maqasid Al-Syariah(Penerbit USIM, 2023) ;Syaryanti Hussin ;Muhammad Najib Abdullah ;Nabilah Yusof ;Fadhlina Alias ;Hasnizam HashimMuhammad Nizam AwangOver 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.