Papers by DR AISHAH MOHD NOR
Environment-behaviour proceedings journal, Jun 22, 2024
International journal of religion, Jun 26, 2024
International journal of advanced research, Apr 30, 2024
International journal of religion, May 10, 2024
This study examines human trafficking from the Islamic perspective, exploring its fundamental pri... more This study examines human trafficking from the Islamic perspective, exploring its fundamental principles, historical background, ethical considerations, and contemporary challenges. This study utilizes a qualitative approach which employs both doctrinal and socio-legal approaches. The doctrinal approach allows researchers to understand the Islamic principles of exploitation, while the socio-legal approach scrutinizes the application of Islamic rulings in society. The findings reveal the prohibition of seven types of exploitation, as emphasized in Islamic jurisprudence, which includes exploitation in slavery, transactions, labour, sexual activities, human organs, adoption and acts of injustice. Furthermore, this study explores the principle of non-punishment for victims and the types of punishment for the offender. This study emphasizes the need for collective action to combat exploitation, promote justice, and protect the rights and dignity of all individuals. It strongly encourages individuals, communities, religious leaders, policymakers, and international organizations to work together to eradicate exploitation, uphold justice, and safeguard every individual's dignity and rights in alignment with Islamic principles and universal human values.
Malaysian Journal of Social Sciences and Humanities, Nov 30, 2022
The certification and mediation training are very important to ensure that mediators are in the b... more The certification and mediation training are very important to ensure that mediators are in the best position to be neutral third parties and can effectively exercise a significant amount of authority and power over disputants. The Malaysian Mediation Act 2012 is silent on mediation training and practice for the mediators. Mediation training is related to the issues of qualification and accreditation of mediators since good quality mediation training will reflect the general practice of mediation. This paper is a summary and analysis of the literature on mediation training and practice issues. Some models of mediation training are also highlighted. This research employs qualitative research methodology, which is based on the doctrinal approach. The information and contribution of this research will help the government to enhance the quality of mediation trainers and programme administrators as they seek to ensure that the training, they provide is of the highest quality possible so that a standardised certification for mediators can be implemented in Malaysia. Contribution/Originality: This paper is only focusing on mediation, particularly on certification and mediation training for mediators in Malaysia. As of to date, there is no standard certification and mediation training for mediators, which are crucially important to ensure that the mediators are well trained and skilful enough to handle the disputes before them.
Journal of Contemporary Islamic Studies
A claim before the Syariah court aims to either attest one's right or interest over a particu... more A claim before the Syariah court aims to either attest one's right or interest over a particular matter or defend such interest against the claiming party. At this juncture, the onus of proof lies with the party initiating the claim. In the context of Syariah Criminal Law, a Syarie Prosecutor has the discretionary power to bring a criminal claim against the accused in cases pertaining to Syariah offences, be it criminal or matrimonial, should there exist a strong qarinah that successfully establishes a prima facie case. However, there has been a lack of guidelines in proving prima facie in cases relating to matrimonial offences. Therefore, this study examines the methods of establishing prima facie based on qarinah in matrimonial cases, particularly in cases decided by the Syariah Courts of Selangor. For data collection, the researchers employ qualitative methods through analysis of legal documents, case files from the Syariah Court, and its ratio decidendis. The findings of thi...
International journal of academic research in progressive education and development, Sep 21, 2022
This paper examines the existing legal framework for the protection of teenage pregnancies in Mal... more This paper examines the existing legal framework for the protection of teenage pregnancies in Malaysia, with adherence to the international laws of the United Nation Convention on the Rights of Children (UNCRC) and the United Nation Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and within the principles of the Islamic laws (maqasid al-Shariah). This study was conducted primarily through a doctrinal study of existing literature such as articles, journals and reports related to the current issues encountered by pregnant teenagers. This study establishes the ongoing reforms in the domestic laws and policies in response to the ratification of UNCRC and CEDAW since 1995. Nonetheless, the absence of a comprehensive legal framework and coordinated support services for pregnant teenagers affects the smooth implementation of the currently existing laws and policies on this matter. Therefore, it is recommended that a more comprehensive legal framework and concerted services help to promote a holistic approach to strengthen the welfare of pregnant teenagers and safeguard them from unnecessary harm.
Malaysian Journal of Social Sciences and Humanities (MJSSH)
Reconciliation in divorce proceedings has been introduced in family courts in dealing with applic... more Reconciliation in divorce proceedings has been introduced in family courts in dealing with application for divorce. This study focuses on the functions, the appointment of committees, and the procedures of reconciliation in Shariah courts and Civil courts to compare the practice of laws between Section 47(5) to (17) of the Islamic Family Law (State of Selangor) Enactment 2003 (IFLSE 2003) and Section 106 of the Law Reform (Marriage and Divorce) Act 1976 (LRA 1976). This study was conducted through doctrinal and comparative legal research of the existing literature, including academic articles, statutes, and case laws relating to reconciliation. The findings establish the similarities and differences of both statutes. This study suggests that a reconciliation before a legal proceeding may employ a subtler approach for out-of-court negotiation leading to potentially better results.
IIUM Law Journal
This article examines the adequacy of the current support systems in addressing the issue of teen... more This article examines the adequacy of the current support systems in addressing the issue of teenage pregnancies in Malaysia. This study was conducted primarily through a doctrinal study of existing literature such as articles, journals and reports related to the current issues encountered by the pregnant teenagers. There is also a non-doctrinal method carried out whereby the researchers had conducted fieldwork interviews with the government department, non-government organisations (NGOs) and social activist on the efforts done in addressing the problem. Due to the lack of a specific policy on teenage pregnancies in Malaysia, there have been concerns on issues related to the rights of these teenagers to education during pregnancy; criminal issues on abortion, infanticide and child sexual grooming; child marriages and the lack of support from parents, family members and the society for care, motivation, healthcare and preparation for motherhood among these teenagers. The findings est...
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Papers by DR AISHAH MOHD NOR