Family Law is a difficult area of legal education because it requires students to apply legal doctrine while responding to emotionally sensitive disputes involving divorce, child custody, maintenance, and domestic violence. Traditional doctrinal teaching remains important, but it may not sufficiently prepare students to exercise empathetic judgment, ethical reasoning, and practical decision-making in client-centred contexts. This article examines how Social Cognitive Theory (SCT) can inform Family Law pedagogy through observational learning, modelling, behavioural practice, feedback, and self-efficacy development. Using a concise descriptive qualitative and conceptual case-study approach, the article synthesises SCT, clinical legal education, and simulation-based learning literature to propose an SCT-Enhanced Simulation Model for undergraduate Family Law courses. The model combines faculty demonstration, structured role-play, standardised client scenarios, peer feedback, and guided reflection. The article argues that this approach can strengthen students’ confidence, ethical awareness, empathy, and readiness for legal practice, while recognising that future empirical studies are needed to test its long-term impact across diverse Malaysian law schools.
This study looks into the possibility of waqf-based crowdfunding as a different way to get money to help develop non-ruminant livestock, especially poultry, in Malaysia. Even though the sector is becoming increasingly important to national food security, farmers face significant financial challenges, including high capital costs and limited access to traditional financing. At the same time, waqf funds are still not being used enough in productive sectors. This study finds important legal, institutional, and operational problems by using a qualitative method that combines doctrinal and non-doctrinal analysis, such as interviews and a Focus Group Discussion (FGD). The results show that there is a regulatory gap and broken governance that make it hard to implement waqf crowdfunding. In response, the study suggests a model that combines one-time waqf funding for infrastructure with Qard al-Hasan funding for operations. This model provides a long-term, Shariah-compliant solution that helps farmers, increases access to financial services, and helps improve food security.
Islamic Estate Administration is a demanding subject for undergraduate law students because it requires them to connect substantive Islamic inheritance concepts, including Faraid, Wasiyyah, and Hibah, with procedural administration, heir identification, and estate-distribution calculations. In Malaysia, Muslim estate administration also requires students to understand the relationship between civil administrative processes and the Syariah Court’s role in confirming Faraid entitlement. This article examines the use of visual process mapping as a concise pedagogical strategy for improving students’ comprehension of this complex legal framework. The paper adopts a descriptive qualitative and conceptual approach, supported by selected literature on cognitive load theory, multimedia learning, concept mapping, and visual learning in legal education. It also draws on classroom-based reflective feedback from students and law lecturers to identify practical indicators of comprehension. The analysis suggests that well-designed visual maps may reduce extraneous cognitive load by organising complex legal rules into clear sequences and relationships; however, poorly designed maps may create additional confusion if they contain excessive detail or weak sequencing. The article therefore recommends guided co-construction of flowcharts, heir-classification maps, and algorithmic diagrams as practical tools to bridge legal theory and problem-solving practice.
Will is a form of donation and charity that allows individuals to allocate their assets to beneficiaries while adhering to Islamic standards. On the other hand, obligatory will refers to situation where a grandfather or grandmother passes away without leaving a will for their grandchildren from a predeceased son or daughter, or if both the grandparent and parent pass away simultaneously. In such cases, the grandchildren become entitled to the obligatory will. This study examines the role of will and obligatory will in the property and estate management under Islamic law. The study employs a qualitative and descriptive cross-sectional analysis by utilizing existing legal frameworks. This research found that in Islamic estate planning, a will enables individuals to distribute their assets according to their wishes while remaining compliant with Islamic standards. Furthermore, an obligatory will provides an avenue for inclusive wealth distribution, particularly when certain heirs are not entitled to a share under faraid (mandatory inheritance laws).
In West Malaysia, the existing legal framework categorises unclaimed estates into four distinct types namely, unclaimed money, undistributed funds, ownerless estates (bona vacantia), and estates which are not administered after a deceased’s death. Among these, only the non-administered estate remains idle and frozen, primarily due to the absence of a clear ownership claim and procedural gaps within the legal system. This situation is exacerbated by the existence of various laws that govern different types of unclaimed estates as well as the lack of proactive initiatives by the authorities to trace and manage such estates, particularly when the estate is not administered accordingly after the deceased’s death. Consequently, the number of unclaimed estates continues to grow at an alarming rate, and the beneficiaries are therefore losing out on potential benefits or utilities that they could derive from the ownership of such estates. This paper aims to identify the categories of estates classified as unclaimed and to examine the relevant legal framework in addressing the issue. Employing qualitative research methods, including doctrinal analysis and field interviews, it is observed that the existing legal mechanisms are inadequate to remedy the problem relating to unclaimed estates. Hence, this study proposes measures towards reforming the legal framework for the administration of unclaimed estates, with particular emphasis on non-administered estates. It is anticipated that the proposed reforms may serve as a valuable reference for the Malaysian government in formulating a structured legal mechanism to address the issue effectively and to prevent its recurrence in the future.
Food security is essential for economic growth and stability. However, Malaysia struggles to feed its growing population as agriculture has contributed less to GDP. Climate change, food supply chain disruptions, and global economic uncertainty worsen them. This paper aims to analyse Malaysia's food security's current state through qualitative research methods, identify key challenges, and propose innovative strategies to enhance food production and distribution in enhancing the economy of the country. The results imply that Malaysia may strengthen its economy to withstand global economic swings by prioritising food security. The research suggests that to increase food security, smart agriculture, local food production, and resilient supply networks should be used.
Issues relating to national food security is crucial, as Malaysia reported a food trade deficit rose to RM31 billion in 2022 as Malaysia fails to provide basic food for itself despite has lot of agro-food land. Hence, waqf real estate has a potential as a strategic asset for ensuring sustainable food security. However, inconsistent strategic management has reduced in utilizing waqf’s real estates towards food security benefits. Therefore, this study examines the legal challenges associated with utilizing Waqf properties and proposes strategic approaches to enhance their efficacy in this context. The study employs a qualitative and descriptive cross-sectional analysis, utilizing existing legal frameworks and data obtained from relevant administrative bodies. This research research found that by integrating Islamic legal principles with modern sustainability practices, the research can provide a comprehensive framework for utilizing Waqf real estate in addressing food security concerns in Muslim-majority countries.
Joint ownership or co-proprietorship refers to the property owned by two or more persons. Basically, the co-proprietor of the undivided share will not be prohibited from developing his land or portion thereof. However, challenges in developing their land include obtaining the consensus of all the co-proprietors of the land and securing financial support from financial institutions or other third parties. Thus, it is a trend to elect for land development under a private arrangement, namely, a joint venture. The existing law and Malaysian land policy provide, among other, no standard Joint Venture Agreement (JVA) to be adopted in developing the land that looks after the rights of parties, ensures a fair agreement is entered into and monitors the implementation of the housing development projects. Hence, this article examines the concept of co-proprietorship of land, which includes the right to development, a mechanism for development, and some legal issues. The study adopts a doctrinal analysis by examining the existing primary and secondary materials, including statutory provisions as provided by the National Land Code (Act 828), the Land Acquisition Act 1960, the Contract Act 1950, Rules of Court 2012, the Partnership Act 1961, Federal Constitution, case law and other legal and non-legal literature relating to the development of co-proprietorship land in Malaysia. It is suggested that preliminary due diligence should be conducted to avoid the possibility of future setbacks and that a legal mechanism be developed to overcome the arising issues relating thereto and for effective land development.
Joint ownership refers to property owned by two or more persons. Two significant forms of joint ownership in real estate exist joint tenancy and tenancy-in-common. Under common law, joint tenancy is applied as a mechanism for administering an estate, which takes effect after the joint owner's or joint tenant's death. The National Land Code (Act 828) recognises only tenancy-in-common tenancy rather than joint tenancy. Hence, this study proposes a regulatory framework and a suitable mechanism for the land conveyance process in the application of joint tenancy. This study is based on qualitative research and analysis of primary and secondary materials. For a comparative analysis, the study explores the law and practice of joint tenancy in Singapore and Australia for the dual legal and Torren systems. It is predicted that the joint tenancy application would give the proprietor more options in planning the management of his property and rightly give the surviving joint tenant full enjoyment of the property.
In recent times, a surge in domestic violence cases, has been observed in Malaysia. Consequently, a comprehensive understanding of current Malaysian and international policies/frameworks becomes imperative for safeguarding women’s social rights and preventing domestic violence. Employing qualitative research methods, including content analysis, this paper aims to identify the efficacy of the existing policy and framework based on Malaysian and International law for safeguarding women’s social rights in the prevention of domestic violence. The findings reveal that, despite numerous policies/frameworks established by international and Malaysian law to address domestic violence against women, instances continue to rise, and women persistently endure as victims. As a recommendation, it is proposed that the government enhances the efficacy of available mechanisms and frameworks, enabling women to realize their rights, responsibilities, and the protection afforded to them, ultimately addressing the issue of domestic violence in Malaysia.
The unmanaged properties in Kampong Bharu, with over 60 billion immovable estates classified as frozen, are a pressing concern. Despite numerous proposed solutions, the current legal framework remains insufficient, and the challenge of addressing these unmanaged estates persists. Additionally, development planning in this area has been stalled with no resolution in sight up to the present day. This study analyses the issues and current framework in the administration and development of non-administered real estate in Kampong Bharu through a qualitative and descriptive cross-sectional analysis of governing statutes, reported cases, semi-structured interviews, surveys, and data from the respective administrative bodies. Several issues were identified, including the presence of multiple administrative bodies, uncertainty about the status of Malay Reservation Land, problems arising from multiple deaths, and challenges in enforcing the Land Acquisition Act 1960, highlighting the urgent need for more efficient legal administration and dispensation of justice.
Joint tenancy has been applied when one of the joint tenants dies; the deceased's left portion must be given to the surviving joint tenant. The National Land Code (Act 828) acknowledges the concept of joint ownership in form of tenancy in common while the right of survivorship was only acknowledged in the National Land Code (Penang and Malacca Titles) Act 1963. Therefore, the research aims to explore the concept of joint tenancy and the existing laws governing the joint ownership in Malaysia. This research is based on the qualitative research and analysis of the primary and secondary materials through the governing statutes and reported cases. The research also explores the practice of joint tenancy in Singapore and Australia for comparative analysis. It is predicated that the application of joint tenancy would give the advantage to the surviving joint tenant towards the full enjoyment of the property.
In Malaysia, a frozen estate is an estate of a deceased owner that has not been administered by the beneficiaries even after six months have passed from the owner’s death and refers to freehold land, where the annual rent is payable by the heirs. However, difficulties with unclaimed estates are critical, since it has been stated that the latest valuation of unclaimed estates in West Malaysia stands at RM90 billion in 2021. As a result, despite assertions that these estates have diverse effects, the total number of non-administered estates cannot be determined. Therefore, the purpose of this article is to examine frozen estates in Malaysia and Indonesia. The debate employs a comparative approach by examining contemporary sources and secondary materials such as case law, statute legislation, and other non-legal and legal literature. This study indicates that Malaysia and Indonesia are both dealing with frozen estates, with a large number of frozen estates causing loss to beneficiaries as well as both countries.
Akta dan enakmen undang-undang keluarga Islam negeri-negeri mengiktiraf perkahwinan antara lelaki Islam dan perempuan kitabiyah. Kitabiyah dan ahl al-Kitab digunakan secara bergantian dan telah dihuraikan sebagai seorang perempuan yang beriman kepada agama samawi dan memiliki Kitab suci, iaitu, Yahudi dan Kristian. Dalam kes Johan bin Abdul Walked Shaik v Runa Bangoe Olsen, mahkamah syariah mendapati bahawa perkahwinan yang dilangsungkan di Australia antara seorang lelaki Islam dan seorang perempuan Kristian adalah sah mengikut hukum syarak. Kes ini menggambarkan tafsiran istilah kitabiyah yang diterima pakai oleh mahkamah syariah di Malaysia untuk perkahwinan yang didaftarkan di bawah enakmen undang-undang keluarga Islam di Malaysia. Selanjutnya, isu kitabiyah terpakai dalam situasi di mana suami memeluk agama Islam dan isteri masih seorang Yahudi atau Kristian. Oleh itu, makalah ini akan mengkaji isu kitabiyah dalam perkahwinan, penukaran agama suami yang bukan Islam kepada Islam dan implikasinya terhadap hak di bawah undang-undang keluarga atau pewarisan. Makalah ini juga akan mengkaji pendekatan dan cabaran praktikal terutamanya mengenai konsep perkahwinan antara agama. Kajian ini menggunakan analisis doktrin dengan meneliti sumber primer dan sekunder termasuk peruntukan undang-undang sama ada enakmen undang-undang keluarga Islam negeri, pendapat para fuqaha, kes-kes yang telah diputuskan dan lain-lain literatur undang-undang dan sebaliknya dari perspektif Islam dan Malaysia. Adalah dicadangkan bahawa tafsiran kitabiyah yang intensif diperlukan di Malaysia untuk memastikan pelaksanaannya tidak terlalu longgar dan ke arah mengiktiraf perkahwinan antara agama. Pada masa yang sama, tidak menutup ruang kepada para hakim berijtihad untuk memutuskan perkara yang berkaitan dengannya.
Coronavirus diseases or COVID-19 that initially started in Wuhan, China in 2019 had infected almost 80 million people around the globe. This outbreak has affected people in all aspects of life by forcing people to limit their normal daily life activities in order to combat the spread of the disease. Businesses are struggling to survive, unemployment arises but at the same time, people are obliged to pay expenses such as installments on their financings from financial institutions. Bank Negara Malaysia had introduced robust measures to soften the blow of the pandemic. During the Global Financial Crisis in 2008, Islamic finance has proven to be resilient and managed to survive the crisis without much substantial impact. However, the impact of COVID-19 is unprecedented and gives no exception to Islamic Finance. The purpose of this paper is to analyse the relief measures of Islamic finance in combating the adverse impacts of COVID-19 in Malaysia. The methodology adopted is doctrinal analysis. This is qualitative research. The research will be conducted to investigate the factual consequences and their effect on society. The significance of this study is to build greater resilience of Islamic Finance during this pandemic crisis, as well as in the post-COVID-19 environment. Findings disclose that Islamic finance faces liquidity issues, regulatory and digital challenges during this pandemic. Islamic finance must be value-driven and impact-focused to deliver Maqasid Shariah. Relief measures available include Financial technologies that enable Islamic Social finance instruments easily accessible during COVID-19 and Sukuk issuance to help micro-entrepreneurs and micro-businesses (SMEs). Shariah Advisory of Bank Negara Malaysia rulings on practices of restructuring documentation shows the flexibility of the Islamic Finance to adapt to the impact of post-Covid-19. Islamic finance should develop new jurisprudence under the preamble of Maqasid Shariah as a solution to overcome the impacts caused by COVID-19.
The Covid-19 pandemic causes chaotic situations globally. Many cities around the world are facing improved better fresh air and experiencing cooler weather due to reduced carbon emission which normally raises temperatures. The environment, as a whole, experience the same. In this paper, the author's emphasis on the visibility, the effects of the pandemic on wetlands globally. There are a few aspects that will be looked at, for example to wetlands effect specifically, to the wildlife, to humans or wetlands, and the effect on the environment generally. This is a conceptual paper. The data collected are from the internet and books and also from some observations. This study adopted a doctrinal analysis, where legal research forms as part of analytical study of existing laws, related cases, and authoritative materials as a whole, on some specific matter. It works as knowledge-building research in the legal field. For example, the Ganga River in India is so clean that reports suggest that it is fit for drinking. The Yamuna River is showing improved water quality and quantity. This is the first time in years that its surface is not covered in plastic and froth, but reflects the sky and scenic beauty around. Wetlands are the most vulnerable ecosystems, including freshwater rivers, lakes, paddies, marshes and peatlands, and saltwater estuaries, mangroves, coral reefs, seagrass beds, and lagoons. 87% of the wetlands globally were lost over the past 300 years. They provide an estimated $47 trillion worth of services annually and a livelihood for one billion people. The issue is on the Covid-19 pandemic and how seriously it effects the livelihood of all species including humans in wetlands areas.
The terms bona vacantia and ownerless property have been used interchangeably which refers to assets or goods that do not have an owner. Every year, the number of unclaimed estates in Malaysia is constantly rising and the call for a better regulation and management of bona vacantia estates has never been more important. This paper aims to enhance the administration of bona vacantia in west Malaysia by referring Singapore and the United Kingdom in light of potential for cross?jurisdictional use of the framework. The doctrinal analysis was adopted by analysing the current primary and secondary materials which includes statutory provisions, journal articles, books and other legal and non-legal literatures. The study finds key features of each of the jurisdiction as well as important similarities and differences that could be useful to be implemented in Malaysia. As a recommendation, Malaysian authority may take advantage on interest payment for any claim made by the beneficiary up to certain years in order to encourage beneficiaries to cooperate together to claim the estates in question immediately. Further, by introducing Unclaimed Estates Websites may be able to provide accessibility of information and platform for long lost beneficiaries or relatives to meet up virtually.
Issues relating to the complexities of unclaimed estates have become a national concern and a major recurring problem as the value of such estates is growing annually. However, despite the constant reports on the increasing value of unclaimed estates, it is very unfortunate that the exact types of unclaimed estates remain hitherto uncertain and not specifically identified. Hence, this paper aims to examine the peculiarities of unclaimed estates in the administration of the deceased’s estate in Malaysia. The main focus is to analyses the position of the unclaimed money, the undistributed fund and the case of bona vacantia for the estate of a person dying intestate and leaving no heir to inherit accordingly. The discussion adopts the doctrinal analysis by examining the existing primary and secondary materials including statutory provisions, case law and other legal and non-legal literatures. The paper finds that the existence of various laws that governs different types of unclaimed estates has led to the distinctive methods in the administration and management of such estates. Hence, it is highly important that these types of estates together with legal and procedural mechanisms relating to the administration of such estates are clearly identified so that productive elements of such estates would be activated to the advantage of the rightful beneficiaries.