One of the common features of the Torrens land registration system is that it provides compensation scheme to indemnify all persons who are deprived of their land or suffered loss from the malfunction of the system. Nevertheless, the compensation scheme has been absence from the Malaysian Torrens system since it’s inception. The question is whether non-adoption of the compensation scheme in the land registration system would render the system defect and detrimental to the user of the system? If so, then there is an urgent need to review the lacuna in the existing land registration system. This paper examines the rationale behind the compensation scheme and the necessity for such scheme to be adopted as a backstop to the state guaranteed title. This paper suggests that a statutory compensation scheme is to be established in the Torrens system in Peninsular Malaysia if the system is to remain effective and relevant in the 21st century.

This paper sheds the light on multiple models of takeover offers in the following jurisdictions, Australia, Malaysia, Singapore and the United Kingdom. The paper attempts to examine and investigate these models through a classical process of understanding the basic historical background and the facts about the different models of takeover offers. This study employs a qualitative research methodology in a form of comparative study in which the legislations in these jurisdictions including their guidelines and strategies surrounding these models were examined, in addition to the characteristics of each model over the others. In conclusion, it was observed that there is a great similarity between these models, more specifically between the Malaysian and Singaporean model on one hand, and the United Kingdom (UK) and the Australian models on the other.

The paper focuses on an issue that concerns a marital rape and its legality in Nigeria. One of the primary objectives of international cooperation is to promote and enhance the welfare, wellbeing and security of citizens of state parties, thus, the emergence and coinage of the term marital rape as an offence by the international legal system architecture sought to define domestic justice and redefine marital relationships within the Lens of gender equality and the promotion, respect and fulfilment of women Human Rights, which was largely influenced by the international Human Rights Law. This paper seeks to appraise this term with a view to determine its application within the following parameters; the legal status of marriage in Nigeria? What type of marriage? What type of force would amount to rape? And in what circumstance? How can the prosecution prove rape against the husband/accuse? It is the view of this paper that the offence of marital rape will certainly remain a hollow expression as far as enforcement is concern. But the question to ask is, what are the Nigeria’s commitments to relevant international instruments having signed and ratified them? The methodology adopted by the paper is doctrinal approach method wherein both primary and secondary sources of data were analysed, particularly the local laws and other relevant documents This paper finds that legislating marital rape is unrealistic and aggressive to husband conjugal rights, but rather mild term be used such as assault, with a view to preserving the relationship.

Privileged wills is the right of soldiers, airmen and sailors to dispose of their property during “actual military service” and “at sea”. The sustainability of this right leads to economic prosperity and social justice. The objective of this paper is to examine the sustainability of privileged wills as a model for combating poverty among soldiers, airmen and sailors in Malaysia. Privileged wills appear to be relevant and important as soldiers, airmen and sailors may dispose of their properties during difficulties in obtaining advice and assistance to make a formal will. Despite the benefit, it is found that it suffered from problems such as the provision of law does not applicable to Muslims and native soldiers and or there is no clear provision of law to guide Muslims and native soldiers to make a privileged wills. The methodology employed in discussing this paper is a qualitative research using doctrinal and comparative approach to the legal systems. This paper analyses legislations governing privileged wills ranging from the Malaysian Wills Act 1959, the Sabah Wills Ordinance (Sabah Cap. 158), Armed Forces Act 1972 (Act 77) and the English Wills Act 1837. The study suggests that the Government of Malaysia should support the idea to extend the provision of law on privileged wills to the Muslims and native soldiers. This is to enable the society to earn and benefit from the property disposed of by soldiers, airmen and sailors.

Malaysia and Singapore have a unique relationship since it breaks ties with the federation of Malaysia on 9 August 1965. Since, the Separation in 1965, both countries enjoyed a mix relationship due to so many unresolved issues. But it was started when both of Prime Ministers which are Mr. Lee Kuan Yew and Dr Mahathir Mohamad attempted to make a combination of meaningful understanding. When Malaysia published a Map including Pulau Batu Puteh (an island) was protested by Singapore. Singapore claimed the sovereignty over the island had passed due to the consistent exercise of authority by Singapore and its predecessor, the United Kingdom. Therefore, both countries have suffered from so many issues that can disrupt their bilateral relationships but there were never serious actions from both parties that can really threaten to the relations. So this article has shown how the both try to settle on the issues in a peaceful and friendly manner when the problems raised up by officials or top leader meetings. Basically, this paper has prepared on base of the secondary sources.

One of the fundamental principles governing the Letter of Credit operation is the principle of strict compliance. The paper is based on the understanding of the “Doctrine of Strict Compliance” within the context of UCP 600 in international trade. The objectives of this study are to (i) analysis the current status of principle of strict compliance in letter of credit system; (ii) identifying the implementation of the doctrine in International Trade; (iii) making an outline to develop a relation between the principle of strict compliance and UCP 600; (iv) and concluding the research by answering how the usage of UCP 600 makes soften the principle of strict compliance. The whole study of the paper focuses on how the implementation of UCP 600 softens the doctrine of strict compliance. The paper shall address the very basic characteristics of principle of strict compliance and shall find out how the application of the provisions of UCP 600 changes the characteristics of the doctrine. The outcome of the thesis will bring a proper understanding on how the doctrine of strict compliance has changed and reformed over the year of international trade practices and how UCP 600 re-shaped the basic structure of that doctrine.

Marriage is one of the Islamic personal practices which the Prophet (pbuh) encouraged within the Muslim Ummah (community). Especially for those who could afford it. An eminent fyrelationship has been observed between Islam and the custom of the Pakhtun people. In Pakhtun apart from Islamic injunctions, the Pakhtunwali (pakhtun social organization) serves as a pillar of society and tends to bring social harmony and integrity through the socio-cultural, economic, religious and political aspects of Pakhtuns living in their demarcated territory. The current study focuses on different customs of Pakhtun which have been misconceived with regard to Islamic injunctions and which are the prevalent laws of the Pakhtun and of course the regulator of Pakhtunwali. The research particularly emphasizes customs of marriage which are barriers to marriages in contemporary Pakhtun Muslim society. The paper juxtaposes the Pakhtun customary practices relating to marriage with Islamic injunctions. In order to do so, different types of respondents in the area of Peshawar Pakistan were interviewed. In the end, the paper recommends that Prophetic traditions should be introduced in marriages in the Pakhtun area of Pakistan.

This paper sheds the light on multiple models of takeover offers in the following jurisdictions, Australia, Malaysia, Singapore and the United Kingdom. The paper attempts to examine and investigate these models through a classical process of understanding the basic historical background and the facts about the different models of takeover offers. This study employs a qualitative research methodology in a form of comparative study in which the legislations in these jurisdictions including their guidelines and strategies surrounding these models were examined, in addition to the characteristics of each model over the others. In conclusion, it was observed that there is a great similarity between these models, more specifically between the Malaysian and Singaporean model on one hand, and the United Kingdom (UK) and the Australian models on the other.

While Zanzibar is celebrating its five years anniversary of the Zanzibar Government of National Unity (ZGNU), this study with other things, tries to examine and discuss how far the ZGNU has successfully maintained strong political stability and provides credible prospects to sustainable economic development in Zanzibar. This study is based on an analysis of the Zanzibar Laws, journal articles, textbooks, newspapers and Bank of Tanzania’s (BoT) financial annual reports. The study finds that though there are a number of short falls arising from the formation of the ZGNU, it remains to be of an admirable benefit, by bringing about a strong political stability with a good sustainable economic development.

In general, the comparison plays an essential role not only on the level individuals but also on the level societies. Especially, the comparative law and Fiqh Muqaran assist to improve the legal structure in the different countries as well as to remove the barriers among the Islamic countries and Muslims respectively. This paper has conducted a critical and comparative study on the literature review aiming to answer several inquiries about the comparison study between Fiqh Muqaran and the approaches to comparative law. Therefore, the definition of Fiqh Muqaran is introduced, as well as the steps of comparison in Fiqh Muqaran, the approaches of Fiqh Muqaran, the benefits of Fiqh Muqaran and the reasons which lead to Al ‘khtÊlaf between the jurists. It is also illustrated the definition of comparative law, the benefits of comparative law and the approaches of comparative law as well as the steps of comparison in comparative law. In addition, the differences and similarities between Fiqh Muqaran and comparative Law will be discussed. Finally, this paper has been proved that the Fiqh Muqaran is more comprehensive than the comparative law as well as the approaches of Fiqh Muqaran because it is regarded as a method as well as science for achieving the comparison.