DRIVING FROM THE BACKSEAT: AN EXPLORATORY STUDY OF THE DEARTH OF MALAYSIAN WOMEN IN POLITICAL DECISION MAKING PROCESS |
Author : Imam-Tamim, Muhammad Kamaldeen, Najibah Mohd Zin, Norliah Ibrahim , Roslina Che Soh |
Abstract | Full Text |
Abstract :The place of women in decision making at various strata of living has been a front burner issue in the current milieu. Population of women in Malaysia is almost as equal the population of men. The Malaysian women have been found to excel in academic and even professional labour market than the men. Thus, they are naturally imbued with the skills and intellectual capabilities to contribute to the Malaysian national development. Notwithstanding the perceived superiority in the intellectual capability of the Malaysian women, the number of women allowed to participate in nation building in the country is abysmally low. Researches have shown that the women have been facing challenges in assuming political positions where they can adequately and practically contribute to national development. The paper involves an exploratory legal research. Therefore, employing an analysis of both primary and secondary documentary data, the paper investigates the factors that contribute to the inhibition of Malaysian women in this regard despite their landmark educational and professional progression and achievement. The paper argues that Malaysia will profit in its national development and nation building programmes if more women are allowed to participate in national governance. There is therefore the need to introduce fresh approaches and perspectives to the current efforts by the Malaysian government to ensure that it keeps up with its commitment towards the millennium development goals. |
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INTERNATIONAL OIL CORPORATIONS (IOCS), ASSOCIATED GAS UTILIZATION TECHNOLOGIES AND GAS FLARE ELIMINATION STRATEGIES: IMPLICATION FOR ZERO-GAS FLARING REGIME IN NIGERIA |
Author : Ernest Toochi Aniche |
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Abstract :The purpose of this study is to determine if the adoption of inefficacious gas utilization technologies and gas flare elimination strategies by IOCs hinders their compliance to the zero-gas flaring deadlines resulting to the failure of zero-gas flaring policy in Nigeria. By adopting rentier state theory, using qualitative methods and relying on secondary sources of data, the study concludes that adoption of ineffective gas utilization technologies and gas flare elimination strategies by oil multinationals impedes them from complying with the zero-gas flaring regime leading to the failure of zero-gas flaring policy in Nigeria. |
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RIGHT TO PRIVACY: IS IT A FUNDAMENTAL RIGHT IN BANGLADESH CONSTITUTION? |
Author : Md. Zahidul Islam; Asma Jahan |
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Abstract :Right to privacy is an important part of personal liberties. Human life is not complete without right to privacy. It strengthens human dignity and other values. It is also the ability of an individual or group to seclude themselves, or information about themselves, and thereby express themselves selectively. The aim of this paper is to focus on the right to privacy in Bangladesh Constitution. In the same time, author also focuses the Islamic perspective of right to privacy because most of the people of Bangladesh are following Islam. It is a qualitative research. The information has been taken from many readings, articles, books, newspapers and statutes. Now a day, Privacy has become one of the most important human rights of the modern age and it has been recognized around the world by Constitution.
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AN APPRAISAL OF THE INSTITUTIONAL FRAMEWORK FOR DATA PROTECTION IN THE UK, USA, CANADA AND NIGERIA |
Author : Bernard Oluwafemi Jemilohun |
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Abstract :The protection of personal privacy on the internet is a contemporary issue and several nations have made legislation to secure same. With the need for regulation arises the need for better institutions to protect the same since it has become obvious that traditional law enforcement agencies like the police may not be best to handle such technology based matters. The paper observes that data protection agencies have become a common feature in democracies though agency powers vary from country to country. This paper looks at the institutional framework for data protection in Europe, the United Kingdom, the United States of America and Canada and by comparison appraises some institutions in Nigeria that have some data protection functionality either by the nature of their duties or the laws creating them. The paper by comparison concludes that Nigeria does not yet have a data protection agency compared to the European standard even as the legal framework is not fully developed and thus there is the need for a strong institutional approach to the issue.
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THE EFFECTIVENESS OF “LOYA JIRGA” IN MAKING THE CONSTITUTION OF AFGHANISTAN |
Author : Zabihullah- Hafizullah |
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Abstract :Replacing the old constitution in Afghanistan was generally an essential step forward in the nation building process. The Effectiveness of loya Jirga or Grand Council was important to adopt the constitution and to confer legitimacy to it. Consequently, the constitution of Afghanistan which was made by a special Loya Jirga (Grand Council) (13 December 2004- Junuary 2004), was ratified by President Karzai on 24 Jaunuary 2004. Therefore, this paper will provide a basic historical background of Constitutional Loya Jirga. Moreover, the author will highlight the legal framework for the Constitutional Loya Jirga and will focus on the role and Effectiveness of Constitutional Loya Jirga in constitution-making in Afghanistan.
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AN EXAMINATION OF THE CONCEPT OF CUSTOMER DUE DILIGENCE UNDER THE NIGERIAN MONEY LAUNDERING (Prohibition) ACT, 2011 (As amended). |
Author : Ibrahim Abdu Abubakar |
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Abstract :The key steps financial and designated – non financial institutions are required to perform to prevent illicit funds from entering their system is Customer Due Diligence (CDD), to find out who their customer is, where his funds have come from and the beneficiary of such funds. While it is important that financial institutions develop their own effective CDD policies, leaving them to do it on their own without regulatory oversight will not work, because the avoidance of illicit funds, inevitably involves turning down potential business, and not all financial institutions are willing to do this. The current system of customer due diligence entrenched in Nigerians Money Laundering (Prohibition) Act, 2011 (As amended), is full of loopholes. The result is that financial and designated-non financial institutions are complicit in helping to perpetrate money laundering and terrorist financing. It is the aim of this paper to explore the provisions of Nigeria’s Money Laundering (Prohibition) Act, 2011 with a view to identifying vulnerabilities where Nigeria’s response to customer due diligence may need to be strengthened. |
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PETROLEUM HOST COMMUNITIES FUND: SEEN THROUGH THE LENS OF CHARITABLE TRUST |
Author : Mobolaji Johnson Agboola |
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Abstract :This article undertakes the viability of the Petroleum Host Communities (PHC) Fund in the Petroleum Industrial Bill (PIB) as a novel initiative towards the economic and social development of petroleum producing communities in Nigeria. The Niger Delta region may be considered as the engine room of Nigeria’s economy, but they receive little or no share in the revenue accruable from petroleum exploration and production. This article depicts the applicability of the principles of trust, specifically charitable trust in oil and gas law through the innovation of the PHC Fund whereby oil companies are seen as ‘settlors’, Niger Delta indigenes are the ‘beneficiaries’ while the government is seen as a ‘trustee’ utilizing the fund for bringing sustainable development in the region. This article argues that the purpose of the PHC Fund falls within the spirit and intendments of the Statute of Charitable Uses 1601 thus making it charitable in the bid of removing the impoverish state of the Niger Delta region. This article concludes that the PIB which stands as an antidote to issues pervading the Nigerian oil and gas sector must be passed without delay otherwise the novel concept of PHC Fund may not see the light of the day. |
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LEGAL AND REGULATORY ISSUES AND CHALLENGES INHIBITING GLOBALIZATION OF ISLAMIC BANKING SYSTEM |
Author : Sekoni Abiola Muttalib |
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Abstract :Arguably the Islamic finance system has become an accepted phenomenon in the international financial system. The recent unprecedented rapid growth of Islamic financial system is gradually changing the status of the Islamic banking system as an alternative to the conventional counterpart to a mainstream contender. Due to its universal growing acceptance and popularity many countries are embarking on legal and regulatory reforms to sustain the global development of the system. This has generated a lot of issues and challenges for sustainable growth of the financial system. Despite this, a supportive uniform regulatory and legal framework to enhance global integration of the system is yet to be developed. Therefore, considering the critical role of sound and robust legal and regulatory framework in the sustainable development of Islamic banking system, it is imperative to align the regulatory and legal framework in line with the development. The focus of this paper is premised around these issues and the challenges posed to the growth, sustainability and globalization of Islamic banking system.
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AN OVERVIEW OF SIMILARITIES BETWEEN CUSTOMARY ARBITRATION AND NATIVE COURTS AS PLATFORMS OF ADMINISTRATION OF JUSTICE IN PRE- COLONIAL NIGERIA |
Author : Adeola A. Oluwabiyi |
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Abstract :At the pre-colonial times, a traditional mode of adjudication existed in plural forms; representing the various ethnic formations and rules in Nigeria. This ranges from Customary Arbitration to native courts; purpose of both platforms remains however the administration of justice. In African states, arbitration grew from customary law. In traditional African societies, parties to a dispute often resort to customary arbitration by submitting their dispute to family heads; chiefs and elders of the community for settlement and the parties will mutually agree to be bound by such decision. Arbitration was used for resolving conflicts then because of its emphasis on moral persuasion and its ability to maintain harmony in human relationship. In a similar vein in the 19th century, before the annexation of Lagos in 1861, the different societies that now form Nigeria and other African countries had their own political systems and their methods of administering justice. There existed ‘‘traditional courts” where traditional rules were applied against parties, irrespective of whether they were indigenes or foreigners. This paper seeks to look into these, establish similarities between customary arbitration and native courts; also establish that Africans have always had their own way rich way of settling disputes, which invariably have been sustained and modified into the modern ways of dispute resolution. |
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COMMUNICATION AND ITS ROLE IN ISLAMIC ADMINISTRATION |
Author : karima Hafizullah |
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Abstract :Communication is an important approach among people. It helps transfer and exchange information from one person to another and establishes relationship in organizations. This article deals with Communication and its Role in Islamic Administration. It defines communication, and its process and seeks to spread the idea that Islam is a communicative religion which has an inclusive framework about communication and its role in administration. In addion, this article focuses on how Islam deals with every element of the communication process. Thus, the paper suggests that it is important for Muslim scholars and writers to investigate more about the role of communication in Islamic administration.
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LOCAL GOVERNMENT AND EFFECTIVE SERVICE DELIVERY: CASE STUDY OF IKOLE LOCAL GOVERNMENT AREA OF EKITI STATE, NIGERIA (1999-2013) |
Author : Oluwaleye Janet Monisola |
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Abstract :The constitution of Nigeria recognises local government as the third tier of government whose preoccupation is to enhance effective service delivery at the grassroots. The challenge of effective service delivery at grassroots despite the huge allocation accruing to it from the federal account calls for great concern. This study empirically investigates service delivery at Ikole Local government of Ekiti State in order to assess the quality of service provided and factors responsible for ineffective service delivery at the local government. It was discovered that the quality of service delivered was poor. It was further discovered that poor performance at the local government was attributed to poor governance devoid of transparency and accountability of successive governments. The study suggested participatory democracy at the grassroots, transparency and accountability of political leaders as well as maintenance culture on the part of the citizens for improving service delivery at Ikole Local government. |
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A REFLECTION ON THE SOCIO-LEGAL PERSPECTIVES OF ISLAMC BANKIN IN NIGERIA |
Author : Fagbemi, Sunday Akinlolu Esq |
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Abstract :The introduction of Islamic banking model into the Nigeria banking sector by the Central Bank of Nigeria had generated a lot of controversies and will continue to be a source of concern for a very long time. The grouse of people at the time material was due to the close linkage between Islamic banking practice and the Islamic religion ethical value on charging of interest in financial transactions. The argument of people, in reaction to Islamic banking, among others was that it is a clever attempt to Islamise the country. This position appeared justified due to utterances from Muslim Scholars, Clerics and coupled with sudden incursion of Boko Haram in the Northern part of Nigeria. With deep reflection on the close relationship between Islamic banking system and Islamic religion and perceptions of traditional as well as Christian religions on charging interest in financial transactions; this paper examines various issues raised by people consequent to the introduction of Islamic banking into the Nigerian banking sector. To shed light on the practices of Islamic banking, the paper discusses the evolution and various principles characterising Islamic banking system, the challenges and prospects inherent in the system, the statutory and constitutional frameworks for the operation of the system in Nigeria. To justify the introduction of Islamic banking in Nigeria, the paper highlights positions of Christian and traditional religions on charging of interest in financial transactions. In conclusion, the paper advocates mutual understanding for the continued existence of Islamic Banking model in Nigeria. |
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LABOR MIGRATION AND SOCIAL SECURITY IN THE SELECTED REGIONS (EU, CARICOM AND EAC,): A REVIEW |
Author : Gabagambi Liberatus Cosmas |
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Abstract :For many years social security has been for nationals and non-nationals being less considered by the legal system of the host state. ILO as responsible organization has issued different instruments regarding protection of migrant workers yet the provision of social security for migrant workers still face challenges. This study analyses labour migration and social security in the selected regions East African Community, European Union and Caribbean Community. It looks on how these selected regions manage to promote, protect and enforce social security to labour migrant. The paper concludes that there has been coordination among states in these integrations but it has not resolved problems facing migrant workers. For the reason that each state determines social security under its law therefore, states should go for harmonization of laws and forming institutions which will be responsible for protection, promotion and enforcement of social security. |
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THE SENTENCING PROCESS TO THE CONVICTED JUVENILE OFFENDER: THE JUDICIAL OFFICERS NEED ATTENTION |
Author : Kevin Mandopi |
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Abstract :The child in some occasion perpetrates criminal offences. Such child is taken to court to answer the accusation. In case the court convicts him/her enters the sentence. However, before imposition of the sentence the court has responsibility to find out the best theory of punishment. This is with a view of rehabilitating the offender. However, it has been noted that, courts overlook this condition and imposes sentences which deteriorate the welfare of the child by disregarding the theories of punishment and important factors required to be considered before the imposition of the sentence. This article discusses the theories of punishment and the important factors required to be considered by the court before the imposition of the sentence to the convicted juvenile offender. This is with a view of calling attention to the judicial officers to utilise such theories and factors in the course of imposition of sentences to the juvenile for the purpose of rehabilitation process. |
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THE STANDARD OF CARE IN TRADITIONAL MEDICINE AND MODERN MEDICINE |
Author : Halima Boukerroucha, Asmaa Ibrahim Atiyah |
Abstract | Full Text |
Abstract :This study aims to present the standard of care used in both traditional and modern medicine with attempts to compare and contrast between each of them. The issue of concern is whether practitioners in both medicine are required to adhere and follow the same standard of care or each one has its own standard differ from other. Such standard is considered as the cornerstone in the field of medicine; its practitioner is, thus, required to be committed in acting in accordance to the given standard and failure to do so could result to certain legal implications and actions. Therefore, practitioners in the field of medicine are held liable if found to be negligent in any of the given standard of care. So, to examine this issue, this study explains the definition of the standards of care in traditional and modern medicine firstly. Following by stating the limitations of the given standards of care in each field of medicine secondly. At the latest, it will mention the critical view of standard of care in both medicine. Overall, the main outcome of this study is that the given standard of care whether in the field of traditional or modern medicine is different in either field. This professional differences lead absolutely to vary their legal principles and rules in malpractice cases. Because of a very unique philosophy, set of principles, definitions, and standard for traditional medicine in contrast to modern medicine. |
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