Al-Kashaf

Contemporary Health Tourism in Muslim-Majority Jurisdictions: Best Practices and Innovations

Noria Ramli — 2024-09-30

Malaysia is well known as a popular tourist destination for its natural, cultural and historical destinations and is also recognised as a fledgling hub for medical tourism. Malaysia has built a strong reputation as a safe and trusted global destination for healthcare over the past 10 years, with visitors from across the world coming for a range of treatments. This industry will continue to focus on treatment services such as in vitro fertilisation (IVF), cardiology, oncology, orthopaedic, neurology, dental, aesthetics and general health screening, while unleashing the full potential of the industry, covering the areas of preventive treatments and healthcare. The government has taken numerous steps to make Malaysia a reputable choice for medical travellers. For instance, the inception of the Malaysian Healthcare Travel Council (MHTC) in 2005. The MHTC is an agency under the Ministry of Health (MoH) tasked to “facilitate and promote the healthcare travel industry of Malaysia by coordinating industry collaborations and building valuable public-private partnerships, at home and abroad.” Through their efforts and initiatives, Malaysia seeks to establish itself as a leading medical destination for medical travellers from all over the world. The country’s efforts were even recognised numerous times, including its win of the “Health and Medical Tourism: Destination of the Year” title at the 2020 International Medical Travel Journal (IMTJ) Medical Travel Awards. This study will elaborate on the factors influencing the growth of healthcare tourism in Malaysia as well as best practices of said industry. This study focuses on the present market scenario and also the Malaysia Blueprint of Healthcare Tourism Industry 2021-2025.

Reproductive Rights and Women's Empowerment in Pakistan: A Policy and Socio-Cultural Analysis

Madiha Shehzadi — 2024-06-30

This study explores the intersection of reproductive rights and women's empowerment in Pakistan, focusing on the legal, socio-cultural, and religious factors that shape reproductive autonomy. Employing a mixed-methods approach, the research integrates policy analysis, legal review, and other relevant data to examine the challenges women face in exercising their reproductive rights. The findings reveal substantial gaps between international human rights standards and the lived experiences of Pakistani women, particularly in rural settings. Despite policy initiatives like Pakistan Vision 2025, patriarchal norms, restrictive abortion laws, and inadequate family planning programs continue to undermine women's reproductive health. Furthermore, conventional measures of autonomy, such as decision-making and mobility, do not consistently correlate with improved reproductive health outcomes in the Pakistani context. This research contributes to the discourse on reproductive rights in Islamic societies by offering evidence-based recommendations for policy reforms that align with human rights principles and local cultural values. The study concludes that advancing women's reproductive autonomy in Pakistan requires a holistic approach that addresses the interconnected influences of gender, class, and religious norms.

Challenges and Innovations in Harmonising Sharīʿah and Modern Family Law: Malaysia Experience

Azizah Bitni Mohd — 2024-06-30

Harmonisation of Sharīʿah and civil law particularly in Malaysia is not a new concept. It has existed and ongoing informally in Malaysian Legal system. As Malaysia is practicing dual legal system, i.e. Islamic and civil law, harmonisation of laws seems significant in the sense that both Sharīʿah and civil law are applicable to all Malaysians, Muslims and non-Muslims. This paper seeks to examine challenges and innovations in harmonising Sharīʿah and modern family law particularly in Malaysia being multi-racial country. The paper will address selected family law issues that is deemed harmonised as well as the main challenges and innovations in harmonising several related family law issues that are not deemed harmonised which include matters relating to remedy in breach of betrothal agreement, age of marriage, maintenance of wife and children, child adoption and custody, polygamous marriage, registration of marriage and divorce and one court solution in the case of conversion to Islam. The research adopts qualitative research methodology based in the library It is hoped that this study will provide a useful source of reference to all that seeks understanding and sampling on harmonisation of Sharīʿah and civil law particularly in modern family law.

Strengthening Consumer Protection Against Unsafe Goods Through Harmonisation of Laws and Safety Standards

Mushera Bibi Binti Ambaras Khan — 2024-06-30

The right to safety is widely regarded as the most important concern for consumers. Given the increase in international trade of consumer products, consumer safety has become more challenging. Statistics show an increase in the number of injuries resulting from unsafe consumer products. Effective regulatory framework and enforcement is thus needed to safeguard consumer health and wellbeing. Standards and enforcement of product safety laws and regulations in different jurisdictions differ considerably. As such, harmonisation of these regulations becomes essential for protecting consumers. This paper seeks to compare product safety law in selected jurisdictions. This paper then examines the European General Product Safety Regulations (GPSD) which opted for the pre-market intervention regime that seeks to prevent unsafe products from entering the market. This paper highlights the importance of product recalls by manufacturers and retailers. Through legal doctrinal and comparative study, this paper examines on the development of consumer product safety law in the selected jurisdictions. It then focuses on the reforms made by the EU through the GPSD. This paper suggests for the adoption of a similar style regulatory framework following the European style as an effort to harmonise the law for better consumer protection. Apart from harmonising the foundation underlying consumers regulations, this paper also suggests for harmonisation of terminologies used in the consumer regulations in different countries to provide certainty on the scope and application of the regulations. This paper concludes that consumer protection law against unsafe products aligns well with Islamic Law, as both emphasise the principles of safety and fairness in contractual agreements. Islamic principles advocate for strong consumer protection regardless of where the contract is executed.

Conflict of Jurisdiction Between Malaysian Civil and Syariah Courts in the Issuance of Declaration of Death: A Way Forward

Dr Tajul Aris Ahmad Bustami — 2024-06-30

When someone is missing for some time, his next of kin has a legal right to request for a court order to determine, among others, his or her marital status, maintenance issues of the spouse and children, and the legal status of his assets. This can be done through a decree from the court on the person’s death. Once this decree is obtained, the marital and property status of the missing person could be ascertained accordingly. Malaysia is a commonwealth country that apply a dual system of law, i.e. common law and Islamic law that are respectively implemented in the civil and syariah courts. Both legal systems have provisions in the issuance of the decree for presumption of death. Section 108 of the Evidence Act 1950 empowers the civil court to issue the decree after 7 years of one’s missing. This provision is a statute of general application and applicable to both Muslim a non-Muslim as regards to the property status of the missing person. Section 80 of Syariah Court Evidence (Federal Territories) Act 1997, on the other hand, gives a jurisdiction to the syariah court to issue the decree as regards to a Muslim who is missing for 4 years for the determination of the status of his marriage. These two laws provide different time frames of waiting period and totally different types of procedures. So far Section 80 is only used for the determination of the missing’s marriage. However, of late, there are many calls especially from the syariah fraternity for the syariah court to issue the decree as regards to the missing’s inheritance. By referring to the existing legal provisions, this research aims to study the possibility of the syariah court to exercise this jurisdiction from constitutional point of view. This research also looks at the extent of the civil courts’ principles and procedures to be adopted by the syariah courts. To accomplish this, the paper adopts a qualitative and comparative research paradigm and employs a library-based methodology. This paper also highlights the common law and syariah perspectives on the substantive and procedural aspects of the practice with harmonization approach between the laws. Ultimately, it will propose to the relevant authorities on the most practical steps for the syariah court to exercise this jurisdiction.

Family-Based Care in Child Protection: A Literature Review

Nadhilah A.Kadir — 2024-06-30

This literature review explores the concept of family-based care, its significance, and the multifaceted challenges it presents. Family-based care, which includes kinship care, foster care, adoption, and kafalah is emphasised for its potential to provide nurturing, stable, and supportive environments for vulnerable children. The review synthesises findings from various studies highlighting the benefits of personalised attention, cultural continuity, and stronger family bonds. However, it also addresses key issues such as placement instability, resource limitations, the need for comprehensive caregiver training, and the complexities of legal processes. This paper aims to provide a nuanced understanding of family-based care, identifying gaps in current research and suggesting areas for future investigation to improve the effectiveness of the family-based care system.

Western Influence on Muslim Societies: Transformation and Responses in the 19th (1870-1890 Century

Muhammad Nadir — 2024-09-30

The 19th century was a period of profound transformation for Muslim societies, marked by significant encounters with Western influences that reshaped social, political, and economic structures across various regions. This study seeks to address the multifaceted effects of Westernization on Muslim societies during a critical 20-year period, specifically exploring how the introduction of Western technology, military strategies, educational reforms, and legal systems impacted the Ottoman Empire, Persia, Egypt, and the Indian subcontinent, resulting in significant changes to traditional structures and ideologies. Key questions raised include: How did Westernization influence the political and social landscapes of these regions? In what ways did reform movements, such as those in the Ottoman Empire, attempt to reconcile Islamic values with the challenges posed by modernity? What were the various responses to these changes, ranging from enthusiastic adoption to fervent resistance, and how did these reactions shape the trajectory of Muslim societies in the modern era? This research employs a historical analysis methodology, examining primary sources such as writings from key intellectual figures like Jamal al-Din al-Afghani and other reformist movements. The study also analyzes secondary literature to assess the broader societal reactions to Westernization across the regions in question. By exploring the responses of these societies—whether through adoption, adaptation, or resistance—the study aims to highlight the complex and often controversial relationship between Western influences and Islamic traditions during this pivotal period.