Browsing by Author "Zakaria M.Z."
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Publication The application of the concept of best interests of the child in participating in the matrimonial proceeding in the Shariah court(American Scientific Publishers, 2017) ;Yaakob A. ;Ahmad A. ;Musa A.S. ;Mushaddad Hasbullah ;Rajuddin A.S. ;Zakaria M.Z. ;Awal N.A.M. ;Samuri M.A.A. ;Islamic Finance and Wealth Management Institute (IFWMI) ;Faculty of Syariah and Law ;Universiti Sains Islam Malaysia (USIM)Universiti Kebangsaan Malaysia (UKM)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. - Some of the metrics are blocked by yourconsent settings
Publication Children’s participation in custody dispute involving interfaith parents(American Scientific Publishers, 2017) ;Zakaria M.Z. ;Yaakob A. ;Ahmad A. ;Musa A.S. ;Mushaddad Hasbullah ;Rajuddin A.S. ;Awal N.A.M. ;Samuri M.A.A. ;Faculty of Syariah and Law ;Islamic Finance and Wealth Management Institute (IFWMI) ;Universiti Sains Islam Malaysia (USIM)Universiti Kebangsaan Malaysia (UKM)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. - Some of the metrics are blocked by yourconsent settings
Publication Children’s participation in judicial procedure to prevail family justice(American Scientific Publishers, 2017) ;Ahmad A. ;Awal N.A.M. ;Samuri M.A.A. ;Rajuddin A.S. ;Yaakob A. ;Zakaria M.Z. ;Islamic Finance and Wealth Management Institute (IFWMI) ;Faculty of Syariah and Law ;Universiti Sains Islam Malaysia (USIM)Universiti Kebangsaan Malaysia (UKM)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. - Some of the metrics are blocked by yourconsent settings
Publication Fatal Delayed Haemolytic Transfusion Reaction and Hyperhaemolysis Syndrome in a Pregnant Woman with Sickle Cell Anaemia(Springer India, 2016) ;Prof. Madya Dr. Asral Wirda Binti Ahmad Asnawi ;Sathar J. ;Mohamed R. ;Deraman R. ;Kumaran S. ;Hamid S.S.A. ;Zakaria M.Z. ;Faculty of Medicine and Health Sciences ;Universiti Sains Islam Malaysia (USIM)Hospital AmpangClinical manifestations of sickle cell disease (SCD) arise from the tendency of the sickle haemoglobin to polymerize and deform red blood cells into the characteristic sickle shape. Sickle cell crisis is a devastating complication that may occur in patients with SCD. If not managed properly permanent organ damage and even death may be the final outcome. A case of a 32-year-old Nigerian lady, Gravida 1 Para 0 in her first trimester, with SCD who developed signs and symptoms of delayed haemolytic transfusion reaction after receiving packed red cell transfusion is demonstrated. Multiple red cell alloantibodies were detected in the patient’s plasma; anti-Fy a, anti-Jk b and anti-E. The patient miscarriaged and succumbed to complications of hyperhaemolysis with delayed haemolytic transfusion reaction, acute chest syndrome and renal failure. There is an urgent need for mandatory red cell antibody screen and identification especially in high-risk cases. Prevention of alloimmunization by supplying phenotype-specific red cells is also required. - 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.