Browsing by Author "Syahirah Abdul Shukor [Supervisor]"
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Publication Behavioral Factors Influencing Loyalty of Waqifs in Cash Waqf: The Mediating Roles of Trust and Commitment(Universiti Sains Islam Malaysia, 2023-10)Intan Fatimah binti AnwarThe extant literature suggests that waqf and waqf institutions face issues such as still being in the nascent phase, inadequate of funds, decreasing numbers of waqifs, perception of waqf as ṣadaqah, trust and commitment of waqifs specifically in cash waqf, and the collection of cash waqf being not in tandem with the growth of the Muslim population in Malaysia. While most studies discuss solutions to problems related to the management and governance of waqf institutions, little attention has been paid to the behavioral aspects of waqifs. This study aims to determine the behavioral factors influencing waqifs’ loyalty in cash waqf. This study examines the relationship between the waqifs’ internal attributes that are attitude, knowledge, experience, and perception with the impact of trust and commitment to the waqifs’ loyalty in cash waqf, the mediating effect of trust and commitment on the relationship between the waqifs’ internal attributes and loyalty in cash waqf, and the relationship between trust and commitment. The research framework is based on the Mehrabian-Russell Stimulus-Response (SOR) Model which serves as the grand theory, and supported by other theories such as the Social Cognitive Theory and the Trust-Commitment Theory of Relationship Marketing. In prior research SOR model has been used in the contemporary marketing studies, however, this study has filled the gap by applying the theory into the context of waqf, specifically the cash waqf. To achieve the objectives of this study, a quantitative survey method was employed to collect relevant data from waqifs who are committed to contribute consistently to cash waqf through salary deduction. For data analysis, a total of 378 completed surveys by waqifs from government agencies, subsidiaries, and semi-bodies in Selangor registered under Pejabat Waqf Selangor (PWS) were utilized. A descriptive analysis was conducted to analyse the demographic background of the respondents and the pattern in the waqifs’ participation in cash waqf. The study model was then analysed further using the Partial Least Squares-Structural Equation Modeling (PLS-SEM). The research findings contributed to a better understanding of the behavioral factors influencing the waqifs’ loyalty to contribute to cash waqf. Five research findings were derived: 1) attitude as a factor influencing the waqifs’ loyalty in cash waqf was significant, 2) except for knowledge, all factors influencing the waqifs’ loyalty in cash waqf were significant to trust, whereas only experience and perception were significant to commitment, 3) the impact of trust on the waqifs’ loyalty in cash waqf was insignificant whilst the effect of commitment was significant, 4) trust mediates the relationship between attitude, experience, and perception and loyalty in cash waqf, while commitment mediates the relationship between experience and perception and loyalty in cash waqf, and 5) the relationship between the two mediators, i.e., trust and commitment was significant. Consequently, with the framework of waqifs’ loyalty to cash waqf, the development of cash waqf institutions specifically in marketing aspects and from the behavioral perspective can be facilitated. In addition, this study contributes to the relevant theories in explaining the relationship between the significant variables from an academic standpoint, leading to the basic purpose of recognizing the development of cash waqf institutions, which aims to address the economic woes of the ummah. - Some of the metrics are blocked by yourconsent settings
Publication التحقيق في الجرائم المعلوماتية "دراسة تحليلية مقارنة بين القانون الإماراتي والمصري"(Universiti Sains Islam Malaysia, 2023-08) ;عبد الله حميد راشد الجنيبيAbdulla Humaid Rashed Alsaedi alJneibiThe study aimed to assess the effectiveness of the procedural criminal system governing the process of criminal investigation and its methods in the field of cybercrime between UAE and Egypt's laws. It also aimed to clarify the legal procedures for investigating these crimes. The problem addressed in this study was the emergence of legal and technical challenges in investigating cybercrimes and the extent to which the provisions and rules of the criminal procedural law can be applied to them. Considering that cybercrimes are newly emerging crimes without a specific procedural system for investigation, the study also aimed to highlight the new legal problems arising from the emergence of information technology and its various applications in the field of criminal law. The study followed an analytical and comparative approach between the Federal Criminal Procedures Law of the UAE, issued as Law No. (35) of 1992, with its latest amendments, and the Egyptian Criminal Procedures Law, Law No. 150 of 1950, with its latest amendments. The study concluded that there is a significant similarity between the investigation of cybercrimes and other crimes, as they all require similar general procedures such as inspection, search, surveillance, investigations, and interrogations, in addition to evidence collection and analysis. However, cybercrimes differ from other crimes, and the investigation into the appropriate legal system for their nature primarily aims to determine the legal provisions that should be applied to them, as well as the legal system of responsibility that should be applied to the responsible individuals. The study also highlighted various forms and applications that demonstrate the use of technology in crime prevention, including the use of computers, biometric technologies, digital fingerprints, remote sensing technology, and information surveillance systems. It emphasized the existence of flaws in society's crime protection tools, notably the Criminal Procedures Law, which does not keep pace with many emerging and evolving crimes. The study recommended the necessity of enacting a specific law to combat cybercrimes, expanding the scope of mandatory reporting in cybercrimes, regulating inspection, search, and remote control over the internet, and developing forensic evidence methods in line with scientific facts. It stressed the need for both objective and procedural criminal laws to keep up with the phenomenon of cybercrime due to the clear legislative gaps in providing criminal protection for information privacy. It also proposed the establishment of specialized units within the organizational structure of criminal investigations to deal with cybercrimes, equipped with laboratories and facilities at the highest levels. - Some of the metrics are blocked by yourconsent settings
Publication المواجهة الجنائية لجريمة نشر الأخبار الكاذبة عبر وسائل التواصل الاجتماعي دراسة تطبيقية على دولة الإمارات العربية المتحدة(Universiti Sains Islam Malaysia, 2022-12) ;جمال عبد الرحمن النعيميJamal Abdulrahman Al-Nu'aimiAlthough the main goal of social network websites is to facilitate the process of communication among humans in an inexpensive way, and the exchange of views and knowledge and the exercise of expression right; however, the reality has revealed that some users of these websites have used them as a means to commit crimes of defamation, insult, extortion and violation of public morals.The most important matter in these crimes is the use of social media to spread rumors, destabilize national security, starting with incitement to gatherings and disobeying laws, ending with committing terrorist acts. Hence, it was necessary to search for criminal responsibility for the crimes of spreading rumors through social network websites. The federal legislator of United Arab Emirates was interested in criminalizing such acts in Federal Law No. (34) of 2021 regarding combating rumors and cybercrimes. The study focused on highlighting the crimes that can occur through social network websites, where the criminal can commit crimes and cause victimization with simple efforts, with the possibility of hiding electronic evidence that proves his commission of the crime through social network websites.The study also highlighted the mechanisms of combating this new type of crime, as the general objective of the study was to identify the criminal confrontation for the crime of spreading false news through social media, through an applied study on United Arab Emirates. The study used descriptive analytical approach which is based on analyzing the texts of law that dealt with the criminalization of this phenomenon in Emirati legislation. In addition, it used inductive approach in order to extrapolate and elicit legal provisions related to the subject of the study, of which one of the most important results was the presence of an increase in the rates of committing crimes of spreading false news through social network websites and the accompanying dire repercussions on all segments of society. The study concluded several recommendations, the most important of which were:Toughening the penalty for spreading rumors and false news as mentioned in Article 52 of Law 34 of 2021 with imprisonment for a period not exceeding 5 years and a fine of no more than AED 500,000, similar to the penalty for spreading rumors on websites, as stipulated in Article 25 of the same law, with the need to withhold all websites that promote false news using modern technologies and directing security services to develop a comprehensive security strategy and an integrated approach that includes a plan to track rumor mongers. - Some of the metrics are blocked by yourconsent settings
Publication آثار العقوبة في ردع الشباب عن تعاطي المخدرات: دراسة تحليلية في ضوء القانون الفلسطيني(Universiti Sains Islam Malaysia, 2024-01) ;محمد صالح تيم ;Mohammed Salah TassemSyahirah Abdul Shukor [Supervisor]This study discussed the effects of legal punishment on deterring Palestinian youth from drugs in the light of Palestinian law. It is an in-depth study on the approach of the Palestinian penal policy towards this issue. Its importance lies in illuminating how punishment can accomplish its role in maintaining the balance between deterring drug users on the one hand and treating and rehabilitating them during the penalty enforcement phase on the other. The Palestinian Government has recently been facing the problem of rising number of addicts, according to Palestinian Police statistics in 2016-2019. The researcher conducted this study to determine the reasons behind this increase. Does this increase have a legal background due to the absence of a deterrent penalty, or does it have other reasons? To achieve this, the researcher used in his study the descriptive and analytical approach, which fits with the study, to clarify the approach of the Palestinian penal policy, its legislation of laws against drug crimes, the penalties prescribed for them, and their methods of enforcement, in addition to linking it to current reality through the inductive method. The researcher also used the two instruments of interview and questionnaire. Questionnaire was administered to rehabilitated addicts to determine whether the punishment deters them from returning to their crime of drug use and addiction. Based on the foregoing, the researcher concluded a set of results, most importantly the urgency to adopt a deterrent and effective punitive approach towards drug users. Freedom-depriving punishments alone are not sufficient to accomplish their role unless they are accompanied by treatment and rehabilitation programs for drug users. The law has also been properly enforced after 2019, following its application and obligating judges to take strict measures against the addict who relapse after the first chance of rehabilitation. As for the reasons and factors that lead to relapse among the Palestinian youth: Family- and socialization-related factors are among the most important reasons, in addition to the Israeli occupation, unemployment, and poverty resulting from the war waged by the Israeli occupants in an attempt to dismantle the social ties of the Palestinian people and preoccupy them with drug crime. The criminal policies in Palestine in the fight against drugs—imprisonment of the drug addict, followed by reform—has not reduced addiction. However, stricter punishment is considered as among the most important policies of the Palestinian lawmaker to exit this predicament. It has achieved positive results in reducing addiction in 2020-2021, but the results have not reached the required level. From here, and for these reasons, the researcher proposes several recommendations to the authorities in Palestine, starting from prosecutors and judges to reform and rehabilitation centers and civil society in general, to curtail addiction and minimize chances of relapse. The researcher will present these recommendations in their place. - Some of the metrics are blocked by yourconsent settings
Publication مجلس العقد الإلكتروني التجاري عبر وسائط التواصل الافتراضي " دراسة مقارنة بين الشريعة والقانون الإماراتي"(Universiti Sains Islam Malaysia, 2022-12) ;يوسف محمد أحمد إبراهيم النقبيYousif Mohamed ‘Ahmed Ibrahim Al-NaqbiThe Internet has become the ideal means of communicating, transferring and presenting information. With the emergence of electronic commerce activities and the emerging legal relations in its environment, it began to face many legal challenges to the existing legal systems, centered on the impact of the use of electronic means in the implementation of commercial activities. Although the UAE legislator regulates laws related to electronic transactions and commerce, the problem of the current study is the adequacy of the texts of the two laws to accommodate electronic contracting, and whether they ensure that electronic contracting is included as a means of expressing the will. The current study came to identify the meaning of the commercial electronic contract in Islamic jurisprudence and UAE law, and to clarify what distinguishes the electronic contract from the traditional contract, and to find out the authority of proof in the commercial electronic contract, and to clarify how to apply the option of the condition and the option of the Council in commercial electronic contracts, and finally to reveal the concept of option. The defect and its impact on electronic contracts in jurisprudence and UAE law. The current study relied on the comparative and descriptive approach. The study concluded a number of results, the most important of which are: that the electronic commercial contract in Islamic jurisprudence is a type of contract that is concluded remotely, between absent people in terms of location, through the use of a means of communication, and electronic contracts are not limited to contracting via the Internet, but include Also contracting made through other electronic means of communication. While the UAE legislator did not provide a definition of the electronic contract, but rather provided a definition of automated electronic transactions. The UAE legislator has taken the expanded concept of the electronic contract, a definition that is ambiguous and ambiguous. Also, the electronic contract does not differ in its form, structure, types and content from the traditional contract. The study recommended the need for the UAE legislator to define a definition of electronic contracts, amend Article 220 of the UAE Civil Transactions Law and circulate the ruling if the option of the condition is for either or both parties. The necessity of providing a comprehensive definition that prevents electronic authentication, including both traditional and electronic writing, and rearranging the text of Article 551 of the Civil Transactions Law.