Browsing by Author "Noor Dzuhaidah Osman"
Now showing 1 - 11 of 11
Results Per Page
Sort Options
- Some of the metrics are blocked by yourconsent settings
Publication Addressing Legal Challenges In Integrating Shariah-compliant Banking And Waqf: A Study Of Aibim's Initiatives In Malaysia(Perdana: International Journal of Academic Resear, 2024) ;Nur Athirah RosliNoor Dzuhaidah OsmanThe integration of Shariah-compliant banking and waqf presents legal challenges that are crucial to address for effective implementation in Malaysia. This study focuses on initiatives by the Association of Islamic Banking Institutions Malaysia (AIBIM) aimed at overcoming these challenges. The objective of this study is to analyze AIBIM's initiatives in addressing legal challenges related to integrating Shariah-compliant banking and waqf in Malaysia. This study uses a qualitative approach, specifically a qualitative case study, to examine how Malaysian legislation defines key aspects, identifies legal challenges, and proposes enhancements within AIBIM and relevant legal experts. Data collected from these sources is analyzed to identify the strategies and legal frameworks utilized by AIBIM. As a result of these studies, it reveals that AIBIM has developed comprehensive frameworks and initiatives to navigate the legal complexities surrounding Shariah-compliant banking and waqf integration. These initiatives include legal advocacy,policy recommendations, and collaborative efforts with regulatory authorities. In conclusion, AIBIM's proactive approach to addressing legal challenges has significantly contributed to enhancing the legal environment for Shariah-compliant banking and waqfintegration in Malaysia. However, ongoing collaboration and adjustments to regulatory frameworks are necessary to sustain and expand these initiatives effectively - Some of the metrics are blocked by yourconsent settings
Publication AI-based Autonomous Weapons and Individual Criminal Responsibility under the Rome Statute(Kazan Innovative University named after V.G. Timiryasov, 2023) ;Fareed Mohd HassanNoor Dzuhaidah OsmanObjective: international law obligates states to prosecute those who have violated laws in armed conflicts, particularly when the international community now has International Criminal Court (ICC). That is why the aim of the paper is to discover the responsibility for the crimes made with the use of AI-based autonomous vehicles in accordance with the provisions of the Rome Statute of the ICC. Methods: doctrinal analysis allowed to research the positions of experts on the responsibility for the crimes made with the use of AI-based autonomous vehicles in accordance with the provisions of the Rome Statute of the ICC. Results: this paper argues that the ICC can only exercise jurisdiction over natural persons who allegedly have committed the crimes under its jurisdiction, as compared to autonomous weapons. This paper argues that the persons who facilitate the commission of the alleged crimes are highly likely to be criminally responsible for providing means for the alleged crimes to be committed by AI-based autonomous weapons under Article 25(3)(c) of the Rome Statute and concludes that the Rome Statute provides a solution even to AI-based autonomous weapons. Scientific novelty: this paper addresses to the highly relevant issues of the responsibility for the crimes made with the use of AI-based autonomous vehicles in accordance with the provisions of the Rome Statute of the ICC. Practical significance: the results achieved in the paper can be used in regulation design for AI-based autonomous weapons. It can also be used as a basis for the future research in the sphere of liability of AI-based autonomous weapons and AI in general - Some of the metrics are blocked by yourconsent settings
Publication Biosafety From The Maqāṣid Sharī’ah Views(Intelligentia Resources, 2023) ;Noor Dzuhaidah OsmanAzhin OmerMost Maqāṣid Sharī’ahdiscussions on biosafety focus on the bioethical issues also on the usage and consumption of genetically modified organisms (GMO), this paper analyses the key biosafety issues namely the scientific and socio-economic issues in regulating biosafety with Maqāṣid Sharī’ah as a background. Recent studies in the field of Maqāṣid Sharī’ah added another higher intention of Sharī’ah which is the preservation of the environment. The discussion of the scientific aspect of biosafety examines the benefits and side effects of modern biotechnology, assessed by risk assessment and management. The socio-economic issues analyse the issues of socio-economic, religious, cultural, moral, and ethical issues. This study aims to examine the issues in biosafety and align them withthe six Maqāṣid Sharī’ah aims namely the protection of property, life, religion, intellect, lineage, and environment. As this is purely doctrinal research based on the primary and secondary sources of laws and regulations, this discussed the basic understanding of the legal regulation of biosafety for better biosafety governance. This study further elaborates on the Islamic Maqāṣid Sharī’ah’s view in which the discussion contributes to the body of knowledge in biosafety. The finding concludes that there is an interlinking between biosafety and Maqāṣid Sharī’ah if it does not extend beyond the allowed Islamic principles. This study suggests Maqāṣid Sharī’ah guidelines be included as part of socioeconomic considerations in regulating biosafety. - Some of the metrics are blocked by yourconsent settings
Publication Communicating Movement Control Order During Covid-19: A Framing Analysis Of News Portal And Instagram(Malaysian Journal of Social Sciences and Humanities, 2022) ;Wan Norshira Wan Mohd Ghazali ;Noor Dzuhaidah OsmanSyahirah Abdul ShukorMovement Control Order (MCO) was implemented in Malaysia on March 18, 2020, to contain the spread of Covid-19. The mass media has played a great role in communicating the new restrictions and orders that regulated many public activities. All relevant channels including social media were employed by the mass media to ensure everyone was aware of the new norms. This study chooses Berita Harian, a Malay language newspaper, and examines its news portal and Instagram posts to explore the communication of standard operating procedure (SOPs) messages related to MCO as issued by the National Security Council (NSC) of Malaysia. Quantitative content analysis was used to explore the portrayal of SOPs using message styles and interactive elements. Initial results revealed that Berita Harian’s news portal still placed great importance on the text and non-narrative elements accompanied by photos to educate and influence the public about the rules related to SOPs. While on Instagram, videos were used dominantly that are visually more attractive, engaging, and narrative in nature. The study argued that the discussion of framing can be extended by emphasising interactive elements as the aspects of coverage that can contribute to the way an issue is framed. In conclusion, Instagram should be regarded as an important platform for media to reach out to more incidental users in communication messages related to Covid-19 MCO. - Some of the metrics are blocked by yourconsent settings
Publication Essential Skills for Law Students and Junior Lawyers in Malaysia(Penerbit USIM, 2022) ;Norman Zakiyy ;Noor Dzuhaidah OsmanSyahirah Abdul ShukorStudying a law degree programme at the tertiary level in a public university is highly stressful. Apparently, passing extremely rigorous examinations, and completing the chambering period does not guarantee a person to work competently as a lawyer. In reality, final grades are no longer the sole determining factor in deciding employability in a law firm, especially when law firms are keen to employ skilled personnel. Taking into consideration the need to produce multitasking and practiceready law graduates, this article seeks to highlight the need to improve the efficacy of law students and junior lawyers, and then, the essential skills needed by every law student and junior lawyer in addition to the ways to achieve them. To achieve this, an analysis of the general practices of advocates and solicitors in common areas of law such as conveyances, contracts, and civil litigation practice, as well as relevant procedural rules are made. It is suggested that proper training and continuing legal education must be designed to ensure that junior lawyers in the country are equipped with the necessary essential skills for them to have comparable knowledge and skills with their foreign counterparts. - Some of the metrics are blocked by yourconsent settings
Publication An Examination On The Malaysian Civil Court, Good Governance And The Constitution(Penerbit USIM, Universiti Sains Islam Malaysia, 2021-12-30) ;Noor Dzuhaidah Osman ;Syahirah Abdul Shukor ;Agus Raharjo ;Tedi SudrajatRahadi Wasi BintoroGovernance is crucial in both the private and public sectors, and the public sector is extremely important in society. The public sector, typically through a political process, determines the outcomes it seeks and the various types of intervention. These include enacting legislation or regulations, as well as delivering goods and services. Governments must also play a major role in promoting justice, peace, and order, as well as good international relations. Better decision-making is promoted by good governance in the public sector. Effective governance is characterised by rigorous scrutiny, which provides significant pressures for improving public sector performance and fighting corruption. Good governance could indeed enhance the effectiveness, leading to more effective intervention implementation, improved service delivery, and, ultimately, improve results. As a result, people's lives are being improved. It is argued that one way to maintain good governance is to uphold and respect the constitution as the supreme law of the land. As law can be defined as a legal means of regulating society, it can exist in a variety of forms, beginning with the constitution, which can be written or unwritten and is backed by laws and regulations. A good and effective constitution symbolises and provides effective legal protection for local and indigenous people, as well as protection for fundamental human rights and liberties within the context or legal meaning or definition of that country's constitution. The entire concept of a constitution should reflect the backbone of that government's and people's governance. Therefore, this paper attempts to examine the current role of the Malaysian civil court and the constitution in achieving good governance. In analysing the same, this paper employs the common doctrinal legal method. The paper then offers suggestions and recommendations for improving Malaysia's current issues of good governance, intending to uphold the rule of law and preserve the basic structure of the constitution. - Some of the metrics are blocked by yourconsent settings
Publication Governing Teaching And Learning Syariah And Law During Covid-19: Some Reflections(Penerbit USIM, Universiti Sains Islam Malaysia, 2021-12-30) ;Syahirah Abdul Shukor ;Noor Dzuhaidah OsmanNurul Atira MusaThe unprecedented pandemic of Covid-19 not only effect the economic and administrative of the country, but it also has pushed to the closure of schools and universities. As a result, the emergence of e-learning or conducting classes via the teaching tools available online such as Microsoft team, google classroom, Zoom and Webex become so imminent to teachers and students. With pandemic of COVID-19, it seems global partnership is urgently needed with teaching and learning are done in a flexible manner by mean of distance learning using the teaching tools provided via the Internet. This article addresses the challenges faced by the university, particularly, in teaching and learning subjects of Syariah and law which need hand-on training and face-to-face lecturers and tutorials. This paper will examine the debates of protecting the public health in cases of COVID-19 as the world is still facing with the uncertainties brought by this dangerous virus. The new norms due to this pandemic introduced new practices such as no mass gathering which include no mass lecture or tutorials, social distancing and regular cleaning regime that are being addressed by the Ministry of Health to public. Hence, it begs to think how teaching and learning Syariah and Law can be materialized in this new norm? As a university which promotes integration of the concept of Naqli and Aqli Knowledge (iNAQ), a revisit to the current situation in facing COVID-19 is essential for the long-term planning of the higher education as well as short term approaches in dealing with its impact. The quality of the assessment made to the students by the lecturers are also crucial in addressing arising issues in teaching and learning during this pandemic. This paper ends with some possible suggestions in maintaining the qualities of teaching and learning of Syariah and Law in this trial time. - Some of the metrics are blocked by yourconsent settings
Publication Maqasid Syariah-based Ethics In Law And Syariah Programmes In Higher Education: Guarding Emerging Technology(Penerbit USIM, 2024) ;Syahirah Abdul Shukor ;Noor Dzuhaidah OsmanMuhammad Iqbal JuliansyahzenModern technology shapes society and vice versa. When determining how to manage future technology, it is necessary to encourage beneficial breakthroughs while keeping in mind the core principles and rights upon which democratic societies are built. In the international discourse on the legal and ethical regulation of Artificial Intelligence (AI) and other emerging technologies, the need for an interdisciplinary approach is widely recognised. Generally speaking, legal, ethical, and computer science or machine learning expertise are considered to be the bare minimum requirements. In addition to examining governance from a holistic and interdisciplinary approach to determine what is required to comply with the law, to define what is ethically correct, and to provide practical technical solutions. This study highlights the law, ethics, and machine learning. Thus, by identifying the legal developments in regulating legal education in public universities and reviewing the Standard Programme Law and Syariah issued by the Malaysian Qualifying Agency (2015), this study is informed by ethical aspects that should be addressed in governing emerging technology. The Maqasid Syariah and ethics serve as the study's core pillars and are utilised to build a model for managing emerging technologies in legal and syariah programmes. Doctrinal research from primary and secondary sources is used in this study. Adopting the Maqasid Syariah framework into higher education courses in law and Syariah can help to ensure that new technology is governed by ethical and moral principles, even though both frameworks share certain common ground or aims. The ideals of Maqasid Syariah improve people's quality of life as well as society. Overall, governing emerging technologies requires a multi-faceted approach that prioritizes benefits and costs, trustworthy characteristics, equitable and inclusive processes, consumer safety, privacy, and security. It also requires knowledge sharing and cross-sector collaboration to adapt to the unpredictable nature of business models that rely on emerging technologies. - Some of the metrics are blocked by yourconsent settings
Publication Overview of Biosecurity Legislation in Malaysia(Usuli Faqih Research Centre PLT., 2024) ;Nurfarhah Farhanim ShafieNoor Dzuhaidah OsmanThis study delves into the complexities and efficacy of the Malaysian Biosecurity Law in addressing contemporary challenges through in-depth legal analysis. It evaluates the legislation's adaptability and comprehensiveness in the face of evolving biosecurity threats. The research begins by examining the global biosecurity landscape, emphasising the growing importance of robust legal frameworks in curbing the spread of dangerous diseases and regulating the development of biotechnology. A conceptual framework outlining the critical elements of an effective biosecurity legal system is constructed through a meticulous review of existing literature. Subsequently, the study scrutinises the Malaysian Biosecurity Law and its institutional framework by carefully examining compliance with established protocols by relevant bodies and institutions. This research contributes valuable insights to the ongoing discourse on the nation's biosecurity resilience, benefiting academics, policymakers, and legal practitioners. The findings are expected to inform future legislative modifications, ensuring that Malaysia's biosecurity legal framework remains adaptable, dynamic, comprehensive, and aligned with international best practices. - Some of the metrics are blocked by yourconsent settings
Publication Sexting Among Children: Differences In Law Between Malaysian, English, And American Laws(UPM PRESS, 2022) ;Syahirah Abdul ShukorNoor Dzuhaidah OsmanThe recent case of Sugarbook has sparked concerns among the public who are worried about young girls using applications on the Internet. Risky behaviors and worrying trends make online Internet users vulnerable to danger. Risky behaviors exhibited by youth such as distributing sexually explicit images and sharing sexually provocative photographs will not only expose them to danger but also be regarded as contravening the laws. There are also reported cases of revenge pornography among teenagers in local media. Despite the lack of research on this new trend of communication among children and young people in Malaysia, daily local newspapers have released worrying news of how relationships built on the Internet can turn into tragedies for innocent young people, especially teenagers and children. This paper discusses the possible meaning of sexting, the current laws, and the reported cases on sexting, particularly those captured in Malaysian media. This paper used secondary data and information gathered from articles in refereed journals to understand the legal differences between Malaysia and other jurisdictions, namely the USA and the UK. This paper suggests that besides the importance of educating youth to create legal awareness regarding proper use of the Internet, there is an urgent need to revisit the relevant legislations and practices on the governance of sexting in order to protect children and teenagers. - Some of the metrics are blocked by yourconsent settings
Publication إشكالية التفسير القضائي لقواعد القانون الجوي في القانون الإماراتي(Usuli Faqih Research Centre PLT, 2023) ;Abdalla Salim Alketbi ;Nisar Mohammad Ahmad ;Azman Ab. RahmanNoor Dzuhaidah OsmanThe research aims to identify the legal problems in the interpretation of the rules of aviation law, clarify their forms, overcome these problems, and find legal solutions to them. The study aimed to introduce the judicial interpretation of aviation law in the United Arab Emirates. The UAE Aviation Law is directly based on international conventions that regulate the rules of aviation law, and the problem of the study revolves around the extent of the role of the UAE judiciary in interpreting the rules of aviation law. This is evident when the rules of aviation law are regulated by the legislator in accordance with international conventions related to air transport, and due to that, the UAE legislator did not provide in the Civil Aviation Law on the role of the judiciary in interpreting the rules of law. The issue of air transport is a modern issue, whereas the position of Islamic law on air transport is largely measured by land transport. The study relies on the descriptive analytical approach and the comparative approach through the analysis of jurisprudential and legal opinions, Aviation Law articles, international conventions, and comparing the position of UAE law with Egyptian law and sometimes with French law in some matters related to the judicial interpretation of Aviation Law. The study reached a very important conclusion: the UAE legislator did not stipulate in any article of the current law rules for the interpretation of the articles of the law but rather made the interpretation in matters of aviation law according to what was stipulated in international conventions. The judicial interpretation of the rules of aviation law in the United Arab Emirates is limited to the interpretation of the terms of agreements and contracts concluded between the parties, without having a role in interpreting the basics of law. As a solution to this problem, the researcher suggests that the UAE legislator add a legal article to the Federal Civil Aviation Law showing the role of the judiciary in interpreting the rules of aviation law. Also, it is suggested that the text of the article be: “The UAE judiciary is competent to interpret the fundamental rules of aviation law in the event of any conflict, confusion, or ambiguity in the provisions of the law with the local laws regulating civil aviation”.