Browsing by Author "Syahirah Binti Abdul Shukor"
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Publication Equality And Citizenship For Women In Malaysia: Where And When?(USIM Press, 2021-06) ;Nik Salida Suhaila Binti Nik Saleh ;Syahirah Binti Abdul ShukorWan Abdul Fattah Bin Wan IsmailMalaysia has agreed that all men and women are accorded equal right to citizenship under the Federal Constitution. Article 14 (1) (b) and Part II of the Second Schedule of the Federal Constitution provide for citizenship by operation of law for every person born outside Malaysia whose father is at the time of the birth a citizen of Malaysia. However, a Malaysian woman can apply for her child to be registered as a citizen under Article 15(2) of the Federal Constitution. In this regard, the Government has enhanced the implementation of Article 15(2) by way of an interim administrative procedure that was implemented on 1 June 2010 and applies to children born overseas after 1 January 2010 to Malaysian women who are married to foreigners. The core analysis in this article is to examine whether Malaysian laws on women and their children’s rights to citizenship is harmonious with the Women’s Convention. We analyse whether Malaysia has taken all appropriate measures, including laws, policies, administrative decisions and programmes, to eliminate women’s disadvantages based on the principal areas of concern and recommendations of the CEDAW in the concluding comments made against Malaysia following the list of issues and questions in relation to the combined third to fifth periodic reports of Malaysia following the Sixty-Ninth Session in Geneva from 19 February to 9 March 2018 and the application of equality informed by the Women’s Convention. - Some of the metrics are blocked by yourconsent settings
Publication Konsep Pelaksanaan Hibah Bagi Kes-kes Maradh Al-Mawt COVID-19 Dalam Kalangan Orang Islam Di Malaysia(USIM Press, 2021-06) ;Wan Abdul Fattah Bin Wan Ismail ;Mohd Radzniwan Bin A Rashid ;Muhammad Aunurrochim Bin Mas'ad Saleh ;Syahirah Binti Abdul Shukor ;Lukman Bin Abdul Mutalib; ;Zulfaqar Bin Mamat ;Norma JusofMohamad Aniq Aiman AliasPandemik COVID-19 2019-20 secara global berpunca daripada sindrom pernafasan akut teruk koronavirus 2 (SARS-CoV-2). Wabak ini pada mulanya dikesan di pertengahan Disember 2019 di Bandaraya Wuhan, Hubei China dan telah diiktiraf sebagai pandemik oleh Pertubuhan Kesihatan Sedunia (WHO) pada 11 Mac 2020. Secara umumnya, pandemik COVID-19 boleh membawa maut kepada penghidapnya dan hingga ke saat ini, pakar perubatan belum menemui ubat atau rawatan secara spesifik kepada pesakit COVID-19. Walau bagaimanapun, setakat ini perbincangan mengenai hibah bagi kes maradh al-mawt bagi pesakit COVID-19 belum diperbincangkan kerana ia merupakan isu yang baru melanda dunia hari ini. Kajian ini akan membincangkan konsep pandemik COVID-19 menurut klinikal dan juga menurut pandangan fiqah. Selain itu juga, perbincangan dibuat mengenai konsep maradh al-mawt menurut fiqah dan perundangan semasa. Penjelasan turut dibuat mengenai status penghidap COVID-19 kategori penyakit terminal atau maradh al-mawt menurut fiqah diikuti beberapa kes yang pernah dilaporkan berkenaan maradh al-mawt. Akhir sekali Huraian juga akan menyentuh mengenai kesan hibah yang dibuat bagi pesakit COVID-19 sekira telah mencapai tahap kritikal. Hasilnya, hibah yang dibuat oleh pesakit COVID-19, boleh dikategorikan sebagai hibah maradh al-mawt sekiranya pakar perubatan telah mengklasifikasikan keadaan semasa pesakit tersebut telah sampai ke tahap kritikal. - Some of the metrics are blocked by yourconsent settings
Publication الكتابة الإلكترونية والتوقيع الإلكتروني وحجيتهما في الإثبات(World Conferences Net, 2021) ;Yousif Mohamed Ahmed Alnaqbi ;Syahirah Binti Abdul ShukorHussein 'Azeemi Bin Abdullah ThaidiThe technological development has resulted in the means of communication and information; To conclude a contract remotely, which was not previously known. The electronic contract is one of the contracts that are contracted remotely; Where the technology of electronic contracts allows contracting over the network to obtain services and goods from any location or source of suppliers. It opened the way to concluding ecommerce contracts via the Internet. Through communication networks, contractors by individuals, companies or institution negotiate quickly in a virtual council. The problem lies in the fact that these contracts require more caution than traditional contracts, because the parties to the contract are not present in the contract council, which may lead to injustice, or the incorrectness of the data on the elements of satisfaction and the eligibility of the contractors. The traditional legal rules relating to the conclusion of contracts, nullity of the contract, its effects or its conclusion, and methods of proof; Does not meet the requirements of electronic contracts. Therefore, the research aims to discuss: the authenticity of electronic writing, and the authenticity of electronic signature in evidence. Through the descriptive analytical approach, the results indicated: The use of the electronic signature, especially its digital signature, to prove electronic contracts is in accordance with the principles of proof in most of the legislations that do not limit the means of proof. The legal basis available to both parties to the contract in the event of a dispute is electronic messages. - Some of the metrics are blocked by yourconsent settings
Publication المسؤولية الجنائية الناشئة عن التعامل بالمخدرات والمؤثرات العقلية في التشريع الفلسطيني(WorldConferences.net, 2022) ;Mohamed Salh Tayim ;Syahirah Binti Abdul ShukorHussein 'Azeemi Bin Abdullah ThidiThe study aims to determine the legal nature of the crimes of trafficking in narcotic drugs and psychotropic substances in the Palestinian legislation, and the appropriateness of penalties and criminal policy in the fight against Palestinian drugs, through the unification of the legislation governing drug control in the West Bank and Gaza, and the strengthening of legal means to combat drugs and psychotropic substances, in addition to forming a body An integrated national formulate policies to confront and eliminate drugs within a unified action, transfer the expertise and programs of international bodies in the fight against drugs and psychotropic substances, work to establish specialized health centers for the treatment of drug addicts, and provide support to addicts and reintegrate them into society to play their role in developing and building society. - Some of the metrics are blocked by yourconsent settings
Publication أثر جائحة فيروس كورونا (كوفيد:19) المستجد على الالتزامات العقدية في القانون الإماراتي(Penerbit USIM, Universiti Sains Islam Malaysia, 2020-11-18) ;Yacoup Mustafa Mah'd Saleh ;Wan Abdul Fattah Bin Wan Ismail ;Muzaffar Syah Bin MallowSyahirah Binti Abdul ShukorThe topic deals with the impact of the Coronavirus pandemic on contractual obligations according to UAE legislation, and the importance of the topic is focused on the fact that contractual obligations may be vulnerable to impacts by crises that states may face, including health crises, such as the current Coronavirus pandemic, and the preventive measures that followed that were necessary to confront them, Accordingly, the topic aims to determine the impact of the Coronavirus pandemic on contractual obligations, by adapting the Corona pandemic crisis between the theories of emergency conditions and force majeure. The problem arises that the UAE government has taken the initiative to take a package of preventive measures to protect against the spread of the Coronavirus, and it is natural for the imposition of a health emergency to have an impact on the practice of various types of civil and commercial activities. This resulted in the widening of the scope of non-fulfillment of contractual obligations, which calls for thinking. In drawing new perceptions to adapt the legal situation to address contractual imbalances resulting from the inability to fulfill contractual obligations and restore balance to them, which necessitates proposing a new narrative and drawing policies to cross this exceptional phase. To achieve the objectives of the research, the researcher relied on the descriptive approach to study the Coronavirus pandemic as an emergency condition by stating the frameworks of the theory of emergency conditions and their applicability to the circumstances arising from that pandemic, as well as stating the Corona virus crisis as a force majeure. Then we end this post with a conclusion that includes the outcome of our findings with recommendations, which we believe will contribute to illuminating some places of shadow and ambiguities related to the topic. - Some of the metrics are blocked by yourconsent settings
Publication دعوى مخاصمة القضاة وأعضاء النيابة العامة وفقًا للقانون الإماراتي(USIM Press, 2023-03-17) ;Yacoup Mustafa Mahmoud Saleh ;Wan Abdul Fattah Bin Wan Ismail ;Muzaffar Syah Bin MallowSyahirah Binti Abdul ShukorThe procedural system for lawsuits against members of the judiciary in the Federal Decree-Law of the United Arab Emirates No. (42) of 2022 issuing the Civil Procedure Code is one of the important topics, as the Emirati legislator did not want to hold members of the judiciary accountable according to civil liability for any shortcomings that might be committed by them during They carry out their work entrusted to them, just as ordinary employees in the state are held accountable, but rather surround them with special protection and care. The aim of the study is to clarify the concept of a lawsuit against judges and members of the prosecution, its nature and legal basis, clarify its personal and objective scope, and analyze and evaluate its procedures. Therefore, this study uses the descriptive and analytical approach, because it It is compatible with the subject of the study, contributes to achieving and presenting detailed knowledge, and helps to provide major solutions to address the problem of the study, given that this approach deals with the subject in an analytical, comprehensive and integrated manner. Among the results of this study are the following: According to the UAE law, members of the judicial authority are not allowed to claim any compensation for mistakes committed by them during the performance of their duties except through a lawsuit, and that a lawsuit is a lawsuit that is filed against a judge or a member of the Public Prosecution To claim compensation for damages resulting from their implementation of their work, or their implementation of their powers entrusted to them, and cases of litigation cases are available exclusively in the law, such as fraud, fraud, or serious professional error .