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  1. Home
  2. Browse by Author

Browsing by Author "Wan Abdul Fattah Wan Ismail [Supervisor]"

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    Konsep dan Pemakaian Dokumen Persendirian dalam Kes-Kes Hibah di Mahkamah Syariah di Malaysia
    (Universiti Sains Islam Malaysia, 2024-02)
    Mohamed Fouzi Bin Mokhtar
    ;
    Wan Abdul Fattah Wan Ismail [Supervisor]
    Private documents are a significant means of proving claims in legal disputes, particularly in inter vivos gift (hibah) cases, where constancy, acceptance, and relevance influence their admissibility to present circumstances. However, the researcher found that sharia judges still do not have a neat formulation regarding documents from a conceptual point of view, the use of documents with inaccurate and non-uniform concepts. The primary objective of this study is to explore the applicability of private documents in hibah cases based on Islamic jurisprudence and to provide a comprehensive explanation of the doctrine of admissibility of private documents. In addition, this study also analyses private documents in hibah cases that have been recorded and issues guidelines on the admissibility of private document evidence in the trial proceedings of hibah cases in sharia courts. This study holds great importance for Syariah law practitioners as it clarifies the requirements for admitting private documents as evidence in hibah cases, addressing ambiguities and discrepancies related to their admissibility in Syariah courts. A qualitative approach, involving the gathering and analysis of data from various scholarly sources such as books, articles, and legal cases, is employed for data research in this study. The data is examined from Syariah's perspective and legislation in Malaysia. The study concludes that private documents can be considered valid evidence in hibah cases if they adhere to the principles outlined in the law of evidence. An important finding of this research is the enhancement of the process of writing judgments in hibah cases involving private documents, both in terms of conceptual understanding and practical application. In addition to the findings, the study also presents several recommendations for further consideration, specifically the development of standard guidelines for admitting private documents as evidence, the formulation of a standard framework for Islamic law of trust, and the enactment of a standard law of evidence in Syariah courts nationwide.
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    القانون الدولي ودوره في مكافحة التمييز ضد المرأة: دراسة تحليلية تطبيقية على التشريع الإماراتي
    (Universiti Sains Islam Malaysia, 2024-06)
    حسن مال الله خلفان الحمادي
    ;
    Hassan Malalla Khalfan Khalaf AlHammadi
    ;
    Wan Abdul Fattah Wan Ismail [Supervisor]
    The study aims to analyze the role of international law and its role in combating discrimination against women through an applied analytical study on UAE legislation, through a statement of international texts that dealt with combating discrimination against women, a statement of the position of the UAE legislator on them, and a statement of the legislative texts stipulated by the UAE legislation to combat discrimination against women. The importance of the study is that it is one of the first studies that deal with the explanation and analysis of conventions to protect and combat women, and the analysis of legal applications in the United Arab Emirates by highlighting the UAE legislation on combating discrimination against women, and indicating the extent of its compatibility with international legislation on combating discrimination against women, and the study is considered a basis that can be relied upon in combating discrimination against women in the United Arab Emirates, a research that benefits a large segment of the UAE society. Therefore, this study sheds light on the extent to which the domestic laws in the United Arab Emirates are compatible with the provisions of international conventions on the elimination of all forms of discrimination against women, and the extent to which the authorities in the United Arab Emirates are committed to observing the rights and obligations contained in international conventions. The importance of the study from a scientific point of view seems to be that it is interested in studying the position of international law and international constitutions that oppose racial discrimination against women, such as the World Organization for Human Rights, international law, the Charter of the United Nations and the Convention on the Elimination of All Forms of Racial Discrimination against Women (CEDAW). One of the most prominent results of the study is that the United Arab Emirates includes a well-developed legislative system that contributes effectively and significantly to the protection of women from discrimination, and contributes to combating discrimination against women in all its forms. Among the most prominent recommendations of the study: The researcher hopes that the UAE legislator will issue criminal legislation to combat discrimination against women, similar to the Child Protection Law (Wadeema).
      160  20
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    Publication
    دور الخبير في حل دعاوي تزوير المستندات الخطية الرسمية في النظام القانوني الفلسطيني
    (Universiti Sains Islam Malaysia, 2024-04)
    صالح سميح السمنه
    ;
    Saleh Samih Al-Samna
    ;
    Wan Abdul Fattah Wan Ismail [Supervisor]
    The phenomenon of crime in a society indicates a major imbalance in the social justice scale that threatens all levels of society. Official written documents have long been recognized as important evidence, especially its evidentiary power. The research problem is that Palestinian lawmakers, through the Evidence Act No. 4 of 2001, have yet to allocate clear and explicit articles, texts, or paragraphs related to writing expertise as evidence for or against forgery. This study aims to determine the principles for proving the forgery of official documents through the role of experts in Palestinian law. It attempts to prove the forgery of official written documents, and the legal origin of technical expertise in Palestinian law was also identified. In this study, the researcher employed the inductive and analytical descriptive approach. Among the importance of this study is that it provides a brief tool for analysing the role of experts in cases of official document forgery and organizing information in a systematic way. It is also the first study to discuss the position of the Palestinian legislator. It contributes in providing mechanisms to prove the crime of official document forgery and educating judges and lawyers on the importance of verifying forgery. Among the most important findings obtained by the study is that the crime of official document forgery has become a concern within societies. Addressing this crime requires particular attention because of the variety of forgery methods. The study reached a number of conclusions, most importantly the urgency for legislators to keep pace with technological development, as this crime requires the latest techniques and tools. This can be done by introducing new amendments to keep pace with the techniques used in the crime, on the one hand, and to deter the forger, on the other hand. In summary, the crime of forgery of official written documents creates a major imbalance in the social justice scale and threatens public security. This study has analysed the role of legal experts in uncovering the forgery of official documents.
      10  47
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