Browsing by Author "Wook I."
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Publication Addressing the rights of indigenous peoples to resources in Malaysia: A procedural justice approach(Brill Academic Publishers, 2019) ;Wook I. ;Faculty of Syariah and LawUniversiti Sains Islam Malaysia (USIM)The concept of procedural justice has been promoted as a potential solution in the contest for resources involving indigenous peoples and others. It seeks the formulation of processes that are fair and just both to indigenous peoples and to the other parties affected. Using a comparative approach, this paper analyses processes and mechanisms adopted in some selected common law jurisdictions against the ideal of procedural justice. It seeks to consider mechanisms which conform to the principle of procedural justice to address the issue of indigenous peoples' rights to land and resources in Malaysia. The principle is relevant in Malaysian common law which also subjects matters affecting fundamental liberties to procedural justice. Comparative perspectives provide models for practical applications of indigenous peoples' rights. They assist policy analysis through learning from the successes and failures of other jurisdictions in improving legal reform. � KONINKLIJKE BRILL NV, LEIDEN, 2018 - Some of the metrics are blocked by yourconsent settings
Publication Waqf as a means of forest conservation: Alternative for Malaysia(American Scientific Publishers, 2017) ;Yaakob A. ;Mahzir N. ;Supaat D.I. ;Zakaria M.Z. ;Wook I. ;Mustafa M. ;Faculty of Syariah and Law ;Universiti Sains Islam Malaysia (USIM)International Islamic University Malaysia (IIUM)Forest of Peninsular Malaysia is a natural heritage that needs to be sustained for its uniqueness even though small in percentage, but it offers enormous benefits in safeguarding the natural ecosystem. Unfortunately, the state of deterioration of forested area in Peninsular Malaysia is at alarming rate and in need of additional funding instrument for conservation and regeneration. The Forest Development Fund established under Chapter 8 of the National Forestry Act 1984 has limited operation as its coverage only extends to existing forest conservation routine activities. Hence, this article seeks to highlight the preliminary research finding that is waqf shall be the alternative mechanism to protect and sustain the forest environment. Discussion in this article begins with the significance of forested area in the ecosystem and prolongs issues encircling the forest protection. It then explains financial and technical assistance available for forest conservation and the inadequacy to respond to current needs. Waqf has been implemented in several countries for the good of the community, thus it is seen as a potential tool to compliment efforts to preserve forest environment from depreciation. The role of the Islamic Religious Council as a sole trustee of all the waqf properties is also highlighted. Thus, this article proposed that by allocating specific land or any immovable assets in the name of waqf, the country could improve the state of forest that provides for water catchment areas, flood control mechanisms and also habitats for biodiversity. � 2017 American Scientific Publishers All rights reserved.