Browsing by Author "Shah H.A.R."
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Publication The application of live TV-link and screen for vulnerable witnesses: An overview in the Malaysian criminal justice system(American Scientific Publishers, 2017) ;Abidah Abdul Ghafar ;Shah H.A.R. ;Shukor S.A. ;Muda R. ;Saleh N.S.S.N. ;Ismail F.S.M. ;Faculty of Syariah and LawUniversiti Sains Islam Malaysia (USIM)The use of live TV-link and screen as special measures� application to accommodate children and other vulnerable witnesses (VW) in the courtroom is still underdeveloped in the Malaysian criminal justice system. The needs of VW for such measures have been emphasized in cases and literature. The aim of this study is to examine the extent to which the law and procedures are put into practice on the protection of VW in Malaysia, particularly on the use of live TV-link and screen from the perspective of those responsible for implementation. The main aspect of this paper is the challenges in the system faced by the practitioners and VW in the manifestation of the law. The study found that the use of live TV-link and screen is subject to a number of limitations and weaknesses that might depreciate support and protection for child witnesses and victims. Those challenges are reflected with some possible prospect for reforms. � 2017 American Scientific Publishers All rights reserved. - Some of the metrics are blocked by yourconsent settings
Publication Customary land and the claim of matrimonial property(American Scientific Publishers, 2017) ;Supaat D.I. ;Abidah Abdul Ghafar ;Yaakob A. ;Shah H.A.R. ;Arif Fahmi Md Yusof ;Muda F.S. ;Norfadhilah Mohamad Ali ;Shukor S.A. ;Suraiya Osman ;Faculty of Syariah and LawUniversiti Sains Islam Malaysia (USIM)Malay adat and culture have a significant influence in domestic law and this is reflected in the position of customary law within Malaysian legal framework. The customary land in Negeri Sembilan assumes exceptional characteristics that make certain transaction and claim against the land to be difficult or cannot be executed. The aim of this study is to analyze the position of a customary land in marriage and the claim against the land upon divorce using legal analysis method. It first discusses the concept of matrimonial property from legal and Islamic perspectives and the judicial application of legal provisions on the subject matter. The main dimension of this paper is the claim of matrimonial property on customary land. The study found that customary land is subject to some legal impediment that makes it insusceptible to the operation of specific laws. � 2017 American Scientific Publishers All rights reserved.