Robust deforestation in peat land is not uncommon and is conducted in the form of land conversion that sometimes resorts to unsustainable land use methods that use fire as a tool for preparation of land for agricultural plantation. For the past two decades, the peat land bank area in Malaysia dominantly nestled in the states of Sarawak, Sabah and Pahang is reducing rapidly caused by intensive economic and human activities to encourage agricultural development largely in the oil palm industry. This paper seeks to address the Malaysian legal context in its challenges to a successful implementation of laws that prevent peat land fires from human activities. Although Malaysia has forest protection laws such as 1974 Environmental Quality Act that provides for prohibition of open burning activities in peat land, it is still plagued by risk of large scale burning on those areas due to rapid growth in agricultural sector, other changes in land use activities and lack of enforcement. Additionally, the over-generalised forest protection provisions in 1984 National Forestry Act are found to have gaps that need revision. It may be an opportune time to reinforce �polluter pay principle� in the national legal framework by proposing a Peatland Conservation and Air Pollution Prevention tax in the environmental legal framework in Malaysia. This is significant in ensuring that proper peat land management and clearing process in the agricultural sector is being carried out in a sustainable manner. � 2017 American Scientific Publishers All rights reserved.

This paper discusses the application of children’s best interests in participating in the matrimonial proceedings of the Malaysian Shariah Court. The existing legal framework governing the children’s participation is also examined by looking at the court procedure and Sulh processes. The Sulh process is the present mechanism, introduced by the Shariah Court to expedite the settlement of matrimonial disputes. In practice, the settlement is always subject to mutual consent of both parties involved in disputes, but rarely the importance of children’s interests and hopes is taken into consideration. Hence, various children’s best interests could have been jeopardized in the process of courts proceedings. Therefore, it is suggested that a Sulh Council for Children should be established and a standard judicial procedures for children’s participation in matrimonial disputes particularly in the case of Hadhanah be developed in order to protect the children’s best interests.

The paper seeks to discuss children’s participation in custody dispute involving interfaith parents and to examine to what extent the voice of the children will be considered and followed by the judge. This is in line with Article 12 of the United Nation Convention on the Rights of Child (CRC) which gives privilege to the children the right to be heard in any matter affecting their lives and as a State party, Malaysia has the obligation to uphold this right. This paper further discusses the views of Muslim jurists on the custodial right under the Islamic law and the approach of the civil and Shariah court in considering the views of children in custody dispute. It was found that in most cases, each party tried to convince the court that he or she is more eligible than the other to obtain the custody. The battles compounded and ignited controversies when both disputing parties commenced the legal tussle over custody of the children in the civil court and Shariah court respectively. In these cases the judgments often turned out differently and consequently, no satisfactory outcomes were achieved for the disputing parties.

Children, like adults, are equally entitled to enjoy their fundamental rights especially in deciding matters related to their lives. However, in cases that involve family disputes especially pertaining to custody of children, such rights have often been denied or disregarded all together. Therefore, this paper seeks to discuss the relationship between the children’s rights to participate in legal proceedings and whether the best interests of the child are considered in such family proceedings. To this end, this paper highlights the application of these two principles with special reference to the pluralistic legal system that Malaysian has namely the Civil and Shariah law, as well as the International law. Upon presenting the arguments, this paper recommends some improvements on the judicial procedures in order for judges to meet the children and ensure that justice is served to the latter, particularly by providing them equal rights to be heard in custodial cases.

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.

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.