:: Law Students' Society::

...in memory of LAWSOC 2010/2011.

2011-12-17T09:55:00.000+08:00

With the final remark made by Mr. President, Bro. Izzat Emir Hafidz Rohizan on 15th Dec.2011 at Lawsoc's AGM finally Lawsoc IIUM 2010/2011 tenure being officially dissolved and will be replaced with new tenure by the end of the year 2011.

THANK YOU for all main committees, sub-committes, Aikol Fest 2011's committees, AIKOL community, IIUM community as well as outsiders who had lend their support for our events and your co-operation. On behalf of former office, we would like to apologize for any inconveniences and shortcomings

May Allah s.w.t bless us and reward us for the works done.

We also wish that AIKOL students will cast their vote for upcoming election for

LAWSOC 2011/2012 tenure. All the best for candidates esp. for the chair of President.

"MOLDING FUTURE LAGACY"

time to say good bye..

2011-12-15T02:45:00.002+08:00

2011-09-12T22:56:00.000+08:00

~Welcome to all new students of Aikol

and welcome back to Aikol for all current students to resume your study,

strive for the best in this new semester and we wish you all the best!

2011-03-19T08:11:00.000+08:00

::STUDENT EXCHANGE PROGRAMME 2011::

As one of the efforts to meet the international standard and strengthening the Islamic brotherhood among the students, the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (AIKOL) in cooperation with another university established a student exchange programme. The student exchange programme is an effort to encourage the formation of an international academic nuance in the AIKOL itself.

This programme is proposed for law students of IIUM to experience, acknowledge and increase their knowledge of the legal systems of Malaysia and the other countries as well. Furthermore, this program aims to introduce the reality of laws and legal system that exist outside Malaysia.

Previously, the Ahmad Ibrahim Kulliyyah of Laws had successfully organized Student Exchange Programme 2011 between AIKOL and Fakultas Hukum, Universitas Islam Indonesia (UII), Yogyakarta. It was held from 19^th January 2011 untill 15^th February 2011.

The main objective of this programme is to promote AIKOL as a centre of excellence for unique legal education. In conjunction with this programme, there are many activities designed for the purpose of sharing, exposing and introducing the students about the possible legal networking available for them as a law student. Among the activities designed are:

· Welcoming Ceremony
· Sessions with Prof Dr Nik Ahmad Kamal Nik Mahmod, Deputy Rector (Student Affairs), IIUM
· Sessions with Student Bodies (EXPLORACE)
· Sessions with Dr Iqbal
· Sessions with Dr Zaid
· Public Lecture by Dr Rusli, Dean, Faculty of Law, Universitas Islam Indonesia
· Public Lecture by Raja Badrol Hisham Raja Mohd Ali
· Public Lecture LPU
· Educational Visit to Legal Firm ( Azmi & Associates)
· Educational Visit to Parliament
· Educational Visit to Attorney General’s Chambers
· Educational Visit to Syariah Court, Shah Alam
· Educational Visit to State Legislative Assembly, Shah Alam
· Homestay @ Tanjong Karang
· Jom Balik Kampung (Terengganu)
· International Conference
· Visit to Putrajaya
· KL Tour
· Picnic @ Broga Hill
· Sports Day Carnival
· Farewell Dinner
· Closing Ceremony

The management committees of Student Exchange Programme 2011 would like to express warmest gratitude and appreciation to all parties who contributed directly and indirectly towards the success of this programme.

Prepared by:

Secretary,

Students Exchange Programme 2011

REMINDER MARCH 2011

2011-03-17T18:49:00.001+08:00

FINAL EXAMINATION SEMESTER 2 (2010/2011):

PRE-REGISTRATION FOR MAHALLAH:
check for the schedule below..
http://itdportal.iium.edu.my/student/tt_mahallah.html

Seeking Knowledge - The Way to Paradise

2011-03-16T18:31:00.001+08:00

Allah (Most Exalted is He), Who created us and gave us sustenance, has also given us guidance. He said:

"Verily We have created man into toil and struggle… Have We not made for him a pair of eyes; and a tongue, and a pair of lips; and shown him the two ways (obedience and disobedience)?" (Qur'an, Al-Balad 90:4-10)

After providing us with the capability to contemplate, think, and differentiate between things, He instructed us to know Him, to know his Prophets and to know His Deen, Islam. He said:

"So know that there is no god save Allah, ask forgiveness for your sins and for the believing men and the believing women. Allah knows well your moving and your place of rest."

(Qur'an, Muhammad 47:19)

This verse shows the importance of knowledge and the virtues that Allah has given to it. It also shows that knowledge comes before deeds, since Allah instructed His Prophet to know that He is One and the only One worthy of worship. After that, He commanded him to ask forgiveness for himself, his family and for his Ummah.

If Muslims truly realise the importance Islam places on knowledge and its virtues, they will definitely be keen to learn and teach others. They would start with themselves and their families; then their neighbours and the community at large. Once Mu'awiyah Ibn Abi Sufyan (may Allah be pleased with her) gave a sermon in which he said, "I heard Allah's Messenger saying, "If Allah wants to do good to a person, he makes him very knowledgeable in the Deen." (Related by Bukhari and Muslim)

This is because knowledge is the basis of all good; it generates actions that are based on the commandments of Allah and the instructions of the Prophet . Hence, every Muslim must instil in his mind a desire to seek knowledge. Allah (Most Exalted is He) instructed His Prophet -- and thus all Muslims -- to ask Allah to increase him in knowledge. He said:
"And say: My Lord increase me in knowledge."
(Qur'an, Ta-Ha 20:114)
Though, initially, all Muslims are equal in the sight of Allah, those who believe, have taqwah (fear of Allah and righteousness), and have been granted knowledge move up to higher ranks. Allah says about those who have taqwah:
"Verily the most honoured of you in the sight of Allah is he who has most taqwah."
(Qur'an, Al-Hujurat 49:13)

The Messenger of Allah gave glad tidings to anyone who undertakes the task of seeking knowledge. Abu Hurayrah relates that the Prophet said, "For him who embarks on the path of seeking knowledge, Allah will ease for him the way to paradise." (Related by Muslim) If no Hadith on the importance of knowledge besides this one had been uttered by the Prophet , it would have been enough for Muslims. Yet the Prophet did more than that:
He used to stimulate his companions to seek knowledge: Ibn Mas'ud relates that the Prophet said, "Only two persons are worthy of being envied; a person upon whom Allah bestows riches and gives him the power to spend it in a righteous cause; and a person upon whom Allah bestows wisdom by which he judges and which he teaches." (Related by Bukhari and Muslim)

He made special du'a (supplication) for those who learn his sayings and transmit them to others: Zayd Ibn Thabit narrated that the Prophet said, "May Allah brighten the face of the person who hears what I say and retains it, then conveys it to others: for sometimes one who hears from another remembers it better than the original hearer himself." (Related by Ahmad and Tirmithi)
He assured all those who disseminate his knowledge that they will get the same reward of any Muslim who acts upon that knowledge: Abu Hurayrah relates that the Prophet said, "He who calls another to guidance will have a reward equal; to the reward of him who follows him without diminishing the reward of either of them." (Related by Muslim)

He showed to us the noble status of the learned people of His Ummah: Abu Umamah relates that the Prophet said, "A learned one is as much above an (ordinary) worshiper as I am above the least of you; and he added: Allah, His angels and all those in the heavens and in the earth, even the ants in their holes and the fish in the water, call down blessings on those who instruct people in beneficent knowledge." (Related by Tirmithi)

Better still, he declared that the 'Ulama' (those who have Islamic knowledge) are his heirs: Abu Darda' said that he heard the Prophet saying, "The 'Ulama' are heirs of the Prophets, and the Prophets do not leave an inheritance of Dirhams and Dinars but (they left) only knowledge. He who acquires knowledge acquires a vast portion." (Related by Abu Dawud and Tirmithi)

After reading all these promises and glad tidings, one might ask, what more do we need to awaken our consciousness? We have been promised an easy way to paradise; the inheritance of our Prophet; a lofty rank, high and noble in status; a blessing from Allah and a supplication of all that exists in the heavens and earth; a face beaming in brightness and beauty on the Day of Judgement, when other faces will be sad and dismal. So, let us embark on the road to paradise; let us seek knowledge today.

....................

Dear friend: it's almost time for the end of this semester. it's not too late to start appreciate all the knowledge that we gain from our lectures and programes, try to apply it in our life.

all the best..

(don't just attend class for exam and test :)

Tiga tugas hakiki pendidik universiti

2011-03-15T18:36:00.001+08:00

source: berita harian online

http://www.bharian.com.my/bharian/articles/Tigatugashakikipendidikuniversiti/Article

Tiga tugas hakiki pendidik universiti
Oleh Shamrahayu A Aziz

2011/03/15

'Penyakit' berpolitik untuk rebut jawatan boleh jejas profesion

SAYA terkedu dan sedih membaca kenyataan Perdana Menteri, Datuk Seri Najib Razak, mengenai 'politiking' dalam merebut jawatan naib canselor di universiti tempatan. Kata Perdana Menteri, politiking dalam pelantikan ini tidak wajar berlaku. Katanya lagi, kalangan akademik di universiti perlu menumpukan perhatian kepada pendidikan supaya pelajar dapat menimba ilmu dan membuka minda.

Sebagai seorang akademik, saya memandang serius kenyataan Perdana Menteri ini. Sesungguhnya kenyataan itu menusuk jiwa dan perasaan saya. Seumpama mahu saja saya menutup muka kerana malu ditegur begitu.

Tetapi apakan daya, sekiranya perkara itu benar, terpaksalah saya menerimanya, walaupun ia begitu pahit. Saya harap kalangan akademik lain juga memberi perhatian sewajarnya terhadap teguran Perdana Menteri itu.

Sebelum saya teruskan tulisan ini, saya perlu jelaskan bahawa, tiga tugas hakiki pendidik di menara gading ialah, pertama mendidik pelajar dan mengajar mereka berfikir. Kedua, melakukan kajian atau penyelidikan dan yang ketiga, akademik perlulah menerbitkan terbitan ilmiah untuk dimanfaatkan oleh masyarakat dan juga generasi akan datang.

Selain tugas hakiki ini, pensyarah atau profesor di universiti mestilah dapat menyumbang kepada masyarakat secara terus, sama ada dengan cara terbabit secara langsung di dalam aktiviti kemasyarakatan atau menulis dan memberi pendapat kepada khalayak umum.

Selepas memahami tugas hakiki profesion akademik ini, saya perlu nyatakan bahawa profesion sebagai pendidik di institusi pengajian tinggi mempunyai cabaran tertentu. Tarikan dengan kedudukan atau status dalam organisasi ada kalanya menjadi gangguan. Tetapi apa yang sentiasa perlu diberi perhatian oleh semua ahli akademik ialah, jawatan pentadbiran bukanlah sesuatu yang harus di utamakan. Tanggungjawab menjalankan tugas hakiki dalam bidang akademik seperti yang saya sebutkan mesti diberi keutamaan.
Pada ketika ini, tugas hakiki ini menjadi lebih berat kerana kebanyakan universiti tempatan sedang mengejar impian mencapai status universiti penyelidikan. Bagi menjayakan cita-cita universiti, akademik mesti sentiasa bekerja keras untuk menjalankan kajian dan membuat terbitan akademik. Oleh itu, kerja penyelidikan menjadi bertambah-tambah dan berganda-ganda.

Dunia akademik dan dunia pentadbiran adalah dua dunia yang berbeza. Ramai akademik tidak sanggup untuk mengendalikan kerja pentadbiran kerana mereka terpaksa menggadai masa yang sepatutnya diperuntukkan bagi melakukan kajian dan berfikir.

Kerja menulis dan melakukan kajian adalah kerja 24 jam tanpa henti. Jawatan pentadbiran akan menjadi satu sekatan kepada akademik yang mahu menumpukan kepada penulisan dan kajian.

Kedudukan profesion akademik ini suatu yang amat mulia dari segi sumbangannya. Profesion ini dipandang tinggi oleh masyarakat. Kita tidak mahu masyarakat hilang kepercayaan kepada kredibiliti pensyarah atau profesor kerana tindakan mereka berebut dan berpolitik untuk kedudukan atau jawatan di dalam pentadbiran. Sekiranya ini berlaku ia satu kerugian besar dan mungkin juga kemusnahan kepada profesion ini.

Seorang akademik secara umumnya hendaklah sentiasa dianggap benar dan dipercayai oleh masyarakat. Saya tidak katakan masyarakat perlu menerima bulat-bulat apa yang disebut akademik, tetapi masyarakat perlu menghormati ahli akademik yang disandarkan kepada hujah ilmu.

Sekiranya ‘penyakit’ berpolitik untuk apa juga jawatan pentadbiran, dibimbangi profesion ini dianggap seumpama profesion lain yang mementingkan kedudukan dalam struktur organisasi pentadbiran dan bukannya kepakaran di dalam bidang akademik.

Sekiranya kebolehan dalam bidang keilmuan dipandang remeh dan jawatan pentadbiran menjadi ukuran, itu adalah petanda kepada lemahnya status akademik pada mata masyarakat. Ini tidak harus berlaku.

Masyarakat juga harus tahu bahawa jawatan pentadbiran di dalam akademik adalah jawatan ‘incidental’, iaitu jawatan yang disandang secara kebetulan. Ia bukan jawatan hakiki dalam akademik. Seperti yang saya nyatakan, kualiti seorang akademik adalah bergantung kepada buah fikiran dan idea akademiknya, bukan kepada jawatannya. Saya fikir, pemikiran ahli akademik sendiri dan juga masyarakat umum mengenai isu ini perlu diperbetulkan.

Saya tidak nafikan bahawa ada antara pemegang jawatan pentadbiran di universiti bijak membahagi masa untuk pentadbiran dan penulisan serta sumbangan lain kepada masyarakat umum. Mereka ini sangat kecil bilangannya.

Sepanjang pembabitan saya di dalam persada akademik selama lebih kurang 18 tahun, kebanyakan ahli akademik yang memegang jawatan pentadbiran tidak dapat memberi tumpuan kepada aktiviti akademik. Masa mereka lebih bertumpu kepada pentadbiran yang semestinya memerlukan perhatian 24 jam juga.

Perlu saya sebut bahawa di universiti terkemuka dunia, jawatan pentadbiran dilakukan atas dasar bergilir-gilir. Akademik memerlukan masa yang ekslusif untuk berfikir dalam membina teori baru dan seterusnya membentuk idea atau falsafah baru. Seperti diketahui umum, mencari idea baru bukanlah perkara mudah dan ia hanya boleh dilakukan sekiranya tiada gangguan.

Penulis ialah Penolong Profesor Kulliyyah Undang-Undang Ahmad Ibrahim, Universiti Islam Antarabangsa Malaysia (UIAM)

2011-03-09T16:59:00.000+08:00

::SOLAT HAJAT FOR FINAL EXAMINATION::

DATE: 10/3/2011 (THURSDAY)
TIME: 7.00-10.00PM
VENUE: FOYER MOOT COURT
*REFRESHMENT 'RE PROVIDED BY THE ORGANIZER, JUST COME.
~MOULDING FUTURE LEGACY~

LAWSOC PUBLIC DEBATE

2011-03-07T20:25:00.003+08:00

THE DATE FOR THIS PROGRAMMES IS ON 7th MARCH 2011

::intellectual forum::

2011-03-03T04:59:00.003+08:00

INTELLECTUAL FORUM:

SELANGOR LIQUOR BAN

"the morality of law"

to what extent should moral become a part of our legal system? should be the reason for the existence of our law?

3/3/2011

MINI AUDITORIUM,IIUM

brought to you by LAWSOC IIUM

::COME AND JOIN THE DISCUSSION::

(DELIVERED IN MALAY)

Programme report:-

Alhamdulillah, we got a good feedback form the audiences who came to this forum to hear the some explanation about the Selangor Liquor ban which had cause an issue in Malaysia. We manage to invite speaker from political side DR.DZULKEFLY AHMAD (Kuala Selangor MP), and HAJI MEGAT ZULKARNAIN BIN DATO’ HAJI OMARDIN (Ketua pergerakan pemuda UMNO Gombak) and also NGO, ZAINUL RIJAL ABU BAKAR )President of Muslim Lawyers Association) to discuss this issue in an academic way.This issue is important to be highlighted as far as Constitution law is concern, and we are glad to organise this forum .We hope that we can highlight other issue in the near future that relate to law.

Prepared by:

Information,Research and Development LAWSOC 2010/2011

invitation: PROGRAM LARIAN AMAL ALAM SEKITAR ‘GREEN WALK

2011-02-23T06:41:00.004+08:00

JEMPUTAN UNTUK MENYERTAI PROGRAM LARIAN AMAL ALAM SEKITAR ‘GREEN WALK’:

Environment Law and Awareness Club, Fakulti Undang-Undang UiTM Shah Alam (EnLAC) ingin menjemput pelajar-pelajar fakulti undang-undang Ahmad Ibrahim menyertai program larian amal alam sekitar ‘Green Walk’ dgn kerjasama pihak WWF Malaysia.
Tarikh Program: 13 Mac 2011
Masa : 7.00 pagi – 11.45 pagi
Tempat: Amphetheater pusat, Taman Pertanian Bukit Cerakah, Shah Alam.
Yuran Pendaftaran: RM 10.00 sahaja.

*this programmes is not organised by Law Students Society IIUM. This promotion is valid only for Aikol students. Any Aikol students who are interested to join please come to Lawsoc office. Thank you

::STUDENT EXCHANGE PROGRAMME TO INDONESIA::

2011-02-23T06:36:00.002+08:00

ANNOUNCEMENT!!!!

THE KULLIYYAH WILL BE SENDING STUDENTS TO THE FACULTY OF LAWS UNIVERSITAS MUHAMMADIYYAH YOGYAKARTA (UMY) AND UNIVERSITAS ISLAM INDONESIA YOGYAKARTA (UII) FOR A PERIOD OF ONE MONTH

DETAILS OF THE PROGRAMMES:-

DATE : 25.APRIL.2011 (TENTATIVELY)
   ~ AFTER FINAL EXAM SEMESTER 2 (2010/2011)
QUALIFICATION: STUDENT AIKOL (EXCEPTION TO 3rd YEAR STUDENT DUE TO LAP)
   ~ CGPA 2.8 AND ABOVE
   ~ PARTICIPATIVE AND TEAM PLAYER
ACCOMODATION : TO BE DETERMINED LATER....
EXPENSES : SHALL BE BORN BY STUDENTS

STUDENTS WHO ARE INTERESTED MAY SUBMIT THEIR NAMES TO THE OFFICE OF THE DEPUTY DEAN (STUDENT AFFAIRS) BY: 25. FEBRUARY.2011

ONLY SHORTLISTED CANDIDATES WILL BE INTERVIEWED..
date of interview: 2. march. 2011 (Wednesday)
time : 2.00pm
venue: meeting room, Aikol 2nd Floor. General Office.
please bring along your latest result and any relevant documents supporting your application.

*as issued on 21st feb.2011

:: SRC 2010/2011 GENERAL ELECTION AWARENESS:: result

2011-02-23T06:19:00.001+08:00

Congratulation to Hafizul Faris and Muhammad Fitry..

~we look forward to work with you guys in the future,
let make a good team.
together we serve for the best to Aikolian.

:: NATIONAL CLIENT COUNSELING COMPETITION 2011::

2011-02-17T05:19:00.002+08:00

Report:

Alhamdulillah, for so many years we have not participate in this competition but we manage to send representative to join and compete to represent Uia this year.

:: EGYPT'S REVOLUTION 2011 :: Hosni Mubarak has resigned

2011-02-12T08:54:00.002+08:00

Omar Suleiman, Egypt's vice-president, announces Hosni Mubarak has resigned and handed power to army.

Last Modified: 11 Feb 2011 18:22 GMT BY AL JAZERRA http://english.aljazeera.net/video/middleeast/2011/02/2011211165022206735.html

Millions celebrate as Egyptian president cedes power to the army, ushering in a new era of optimism in the Arab world.

Last Modified: 11 Feb 2011 22:59 GMT

PENUNJUK perasaan di Dataran Tahrir, Kaherah menunjuk kasut kerana marah Mubarak enggan letak jawatan, semalam.

Rakyat Mesir berkeras mahu Mubarak berundur segera; Tolak langkah penyerahan
kuasa kepada Naib Presiden; Presiden lari ke Sharm el-Sheikh bersama keluarga

KAHERAH: Presiden Hosni Mubarak meninggalkan ibu negara semalam untuk ke Sharm el-Sheikh, ketika beribu-ribu penunjuk perasaan meneruskan bantahan di hadapan istana presiden Ittihadiya untuk kali pertama sejak tunjuk perasaan antikerajaan bermula 25 Januari lalu.

source: BERITA HARIAN

http://www.bharian.com.my/bharian/articles/Pergi_Pergi_Pergi/Article/

~12.FEB 2011:ON THIS DATE 62 YEARS AGO...

IS THE DEATH OF HASSAN AL BANNA*

:: Hassan al-Banna (al-Shahid Hassan al-Banna) ::

~He died on Saturday, February 12, 1949, in Cairo; cause of death: assassination.
~was born on Sunday, October 14, 1906 in Mahmudiyya and he was a famous activist from Egypt of Sunni Muslim religion

Rooted in Islam, Al-Banna's message tackled issues including colonialism, public health, educational policy, natural resources management, Marxism, social inequalities, Arab nationalism, the weakness of the Islamic world on the international scene, and the growing conflict in Palestine. By emphasizing concerns that appealed to a variety of constituencies, Al-Banna was able to recruit from among a cross-section of Egyptian society — though modern-educated civil servants, office employees, and professionals remained dominant among the organization's activists and decisionmakers. Al-Banna was also active in resisting British rule in Egypt.

Source: http://en.wikipedia.org/wiki/Hassan_al-Banna

http://people.famouswhy.com/hassan_al-banna/#ixzz1DhByqSSP

BUT....

End of Mubarak rule isn’t end of problem

FEB 12, 2011 02:13 IST

SOURCE: http://blogs.reuters.com/columns/2011/02/11/end-of-mubarak-rule-isnt-end-of-problem/

....."But the relief rally may be premature. The fact that Mubarak is gone does not automatically mean that calm will return. Nor does it guarantee a smooth transition to a more democratic regime and the rule of law. Emboldened protesters in neighbouring states may also confront other potentates in highly unpredictable showdowns. In a politically combustible region, similar sparks could ignite very different fires...."

:: SRC 2010/2011 GENERAL ELECTION AWARENESS::

2011-02-11T08:47:00.001+08:00

WE SUPPORT A FAIR ELECTION !!

WHAT ABOUT YOU???

CAST YOUR VOTE | FULFILL YOUR RESPONSIBILITY

A FRIENDLY REMINDER BY LAWSOC :)

ATTENTION:

2011-02-09T06:48:00.000+08:00

HIGHLIGHT TODAY'S PROGRAMMES:

DATE: 9h FEB.2011

~BROUGHT TO YOU BY LAWSOC' 10/11

~in conjunction with STUDENT EXCHANGE PROGRAMME 2011~

~in conjunction with MAULUD FESTIVAL 2011~

`COME AIKOLIAN AND JOIN US TODAY :)`

MAY ALLAH BLESS US....

IIUM 2ND SEMESTER - GUEST LECTURES ON ARBITRATION

2011-01-30T18:31:00.000+08:00

*as 15th January 2011

2011-01-26T19:56:00.002+08:00

COMING SOON THIS FEBRUARY....

LAWSOC 10/11 in COLLABORATION WITH:
ENGINEERING STUDENTS SOCIETY 2010/2011 (ENGINIUS XVII)
ECONOMIC AND MANAGEMENT SCIENCES SOCIETY (EMSS)
ISLAMIC REVEALED KNOWLEDGE AND HERITAGE STUDENTS’ SOCIETY
BACHELOR OF EDUCATION STUDENT ASSOCIATION (BEDSA)
KELAB RAKAN ISLAH SISWA MALAYSIA (KARISMA)

DATE: 9th-15th FEBRUARY 2011 | PROGRAMME: MAULIDUR RASUL EXHIBITION: 9th – 14th February 2011 | GRAND FORUM: “PEMILIK CINTAKU” 14th feb.2011| MUSICAL THEATER: "CINTAKU MILIK SIAPA" 13th February 2011|

WELCOMING CEREMONY STUDENT EXCHANGE PROGRAMME 2011

2011-01-22T03:25:00.001+08:00

DATE: 21st JANUARY 2011 (FRIDAY)
VENUE: AS-SYAFIEE CONFERENCE ROOM, AIKOL IIUM
TIME: 3.00 pm-5.00 pm

~ A WARM WELCOME TO AIKOL~

~Adam Wijaya Medantara

Anggit Trinindito

Aradila Caesar Ifmaini Idris

Agus Fadila Sandi

Ogiandhafiz Juanda

~Eci Ernawati

Dhita Martini S.

Asri Wulandari

Lena

Noor Aini Dyah Rahmawati

~ Dean of IIU with Deputy Dean Student Affairs Aikol

~ Lecturers of IIU

~IIU lecturers

~Lecturers from AIKOL

~Representative from Student body: SRC 09/10 and LAWSOC 10/11

Bar Council: Lack of legal representation troubling

2011-01-21T04:39:00.000+08:00

SOURCE:
http://www.malaysianbar.org.my/legal/general_news/bar_council_lack_of_legal_representation_troubling.htm

Wednesday, 19 January 2011 09:10am
©The Star (Used by permission) PETALING JAYA: Too many people are not represented in criminal trials and this is very troubling, says Bar Council chairman Ragunath Kesavan. He said the constitutional guarantee of the right to legal representation was meaningless if a person was unable to get a lawyer because of insufficient means.

P/S: FOR FULL ARTICLE PLEASE CLICK THE LINK ABOVE.

A parliament where students can speak out

2011-01-21T04:09:00.000+08:00

SOURCE: http://www.malaysianbar.org.my/legal/general_news/a_parliament_where_students_can_speak_out.html

"PUTRAJAYA: The Higher Education Ministry is seeking to establish a national students' parliament as a platform for undergraduates to voice their views.

Minister Datuk Seri Mohamed Khaled Nordin however said the body could only be formed if three quarters of the country's universities set up their own student parliaments in campus.

"The ministry encourages the concept of student parliament as it is an intellectual infrastructure that would enable students to share and voice their views on university policies.

"The body can also provide students the opportunity to cultivate intellectual debates among themselves," he said in his ministry's New Year address at the Putrajaya International Convention Centre yesterday.

Khaled said the student parliaments could also help to produce quality and idealistic students with critical thinking skills as they are the future leaders.

....."

P/S: MORE DETAIL PLEASE CLICK THE LINK ABOVE.

2011-01-19T02:31:00.002+08:00

STUDENTS EXCHANGE PROGRAMME

Fakultas Hukum, Universitas Islam Indonesia
to
Ahmad Ibrahim Kulliyyah of Laws

SEMESTER II (2010/2011)
(19 JANUARY 2011 – 15th FEBRUARY 2011)

NAME OF STUDENTS:
Adam Wijaya Medantara
Anggit Trinindito
Aradila Caesar Ifmaini Idris
Agus Fadila Sandi
Ogiandhafiz Juanda
Eci Ernawati
Dhita Martini S.
Asri Wulandari
Lena
Noor Aini Dyah Rahmawati

~AHLAN WASAHLAN~

Lebanon: UN-backed court receives first indictment in Hariri assassination

2011-01-18T16:51:00.001+08:00

source: UN NEWS CENTRE
http://www.un.org/apps/news/story.asp?NewsID=37295&Cr=leban&Cr1=

Lebanon: UN-backed court receives first indictment in Hariri assassination

Headquarters of the Special Tribunal for Lebanon

17 January 2011 – The United Nations-backed tribunal set up to try suspects in the 2005 murders of former Lebanese Prime Minister Rafiq Hariri and 22 others received its first indictment today, but its contents remain confidential at this stage.The Prosecutor of the Special Tribunal for Lebanon (STL), Daniel Bellemare, submitted the indictment and supporting materials to Pre-Trial Judge Daniel Fransen, who will now review them, court Registrar Herman von Hebel said in a statement in Leidschendam, Netherlands, where the tribunal sits.
The situation in Lebanon has been marked by rising tensions in recent months and last Wednesday, the government of national unity collapsed when 11 cabinet ministers from Hizbollah and allied groups resigned after months of negotiations brokered by Saudi Arabia and Syria failed to produce a compromise over the Tribunal.
In a statement from his spokesman today, Secretary-General Ban Ki-moon reiterated his support for the court, an independent body set up following a probe by the International Independent Investigation Commission after an earlier UN mission found that Lebanon’s own inquiry into the massive car bombing that killed Mr. Hariri and the others was seriously flawed, and that Syria was primarily responsible for the political tensions that preceded the attack.
“The independent judicial process should not be linked with any political debate,” the statement said, stressing that the STL indictment “is in pursuit of its mandate to end impunity for the terrible crimes” that killed Mr. Hariri and 22 others, as well as for related attacks. It underscored that the Tribunal is an independent court of law established at the request of the Government of Lebanon, with a clear mandate from the UN Security Council.
“The Secretary-General reiterates his call on all parties to refrain from any interference or influence in its work, but to allow it to proceed in accordance with the highest legal principles and standards applied by all United Nations-assisted international tribunals,” the statement said.
Last week Mr. Ban met with Mr. Hariri’s son, Prime Minister Saad Hariri, in New York to highlight his support for the Tribunal, stressing its independence and voicing the hope that its work would help end impunity in the country.

INTERNATIONAL CRIMINAL COURT (ICC)

2011-01-17T06:38:00.001+08:00

The International Criminal Court (ICC) is an independent, permanent court that tries persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes. The ICC is based on a treaty, joined by 114 countries.

As of 12 October 2010, 114 countries are States Parties to the Rome Statute of the International Criminal Court. Out of them 31 are African States, 15 areAsian States, 18 are from Eastern Europe , 25 are from Latin American and Caribbean States, and 25 are from Western European and other States.

The ICC is a court of last resort. It will not act if a case is investigated or prosecuted by a national judicial system unless the national proceedings are not genuine, for example if formal proceedings were undertaken solely to shield a person from criminal responsibility. In addition, the ICC only tries those accused of the gravest crimes.

In all of its activities, the ICC observes the highest standards of fairness and due process. The jurisdiction and functioning of the ICC are governed by theRome Statute.

About the Court:

The International Criminal Court (ICC), governed by the Rome Statute, is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community.

The ICC is an independent international organisation, and is not part of the United Nations system. Its seat is at The Hague in the Netherlands. Although the Court’s expenses are funded primarily by States Parties, it also receives voluntary contributions from governments, international organisations, individuals, corporations and other entities.

The international community has long aspired to the creation of a permanent international court, and, in the 20th century, it reached consensus on definitions of genocide, crimes against humanity and war crimes. The Nuremberg and Tokyo trials addressed war crimes, crimes against peace, and crimes against humanity committed during the Second World War.

In the 1990s after the end of the Cold War, tribunals like the International Criminal Tribunal for the former Yugoslavia and for Rwanda were the result of consensus that impunity is unacceptable. However, because they were established to try crimes committed only within a specific time-frame and during a specific conflict, there was general agreement that an independent, permanent criminal court was needed.

On 17 July 1998, the international community reached an historic milestone when 120 States adopted the Rome Statute, the legal basis for establishing the permanent International Criminal Court.

The Rome Statute entered into force on 1 July 2002 after ratification by 60 countries.

FOR MORE INFORMATION VISIT: http://www.icc-cpi.int/

ORGANISATION OF THE ISLAMIC CONFERENCE (OIC)

2011-01-16T03:22:00.001+08:00

About OIC
The Organization of the Islamic Conference (OIC) is the second largest inter-governmental organization after the United Nations which has membership of 57 states spread over four continents. The Organization is the collective voice of the Muslim world and ensuring to safeguard and protect the interests of the Muslim world in the spirit of promoting international peace and harmony among various people of the world. The Organization was established upon a decision of the historical summit which took place in Rabat, Kingdom of Morocco on 12th Rajab 1389 Hijra (25 September 1969) as a result of criminal arson of Al-Aqsa Mosque in occupied Jerusalem.
In 1970 the first ever meeting of Islamic Conference of Foreign Minister (ICFM) was held in Jeddah which decided to establish a permanent secretariat in Jeddah headed by the organization’s secretary general. Prof Ekmeleddin Ihsanoglu is the 9^th Secretary General who assumed the office in January 2005 after being elected by the 31^st ICFM.

The present Charter of the Organization was adopted by the Eleventh Islamic Summit held in Dakar on 13-14 March 2008 which laid down the objectives and principles of the organization and fundamental purposes to strengthen the solidarity and cooperation among the Member States. Over the last 40 years, the membership has grown from its founding members of 25 to 57 states. The Organization has the singular honor to galvanize the Ummah into a unified body and have actively represented the Muslims by espousing all causes close to the hearts of over 1.5 billion Muslims of the world. The Organization has consultative and cooperative relations with the UN and other inter-governmental organizations to protect the vital interests of the Muslims and to work for the settlement of conflicts and disputes involving Member States. In safeguarding the true values of Islam and the Muslims, the organization has taken various steps to remove misperceptions and have strongly advocated elimination of discrimination against the Muslims in all forms and manifestations.
The Member States of the OIC face many challenges in the 21^st century and to address those challenges, the third extraordinary session of the Islamic Summit held in Makkah in December 2005, laid down the blue print called the Ten-Year Program of Action which envisages joint action of Member States, promotion of tolerance and moderation, modernization, extensive reforms in all spheres of activities including science and technology, education, trade enhancement, and emphasizes good governance and promotion of human rights in the Muslim world, especially with regard to rights of children, women and elderly and the family values enshrined by Islam.

Under the Charter, the Organization aims, inter alia, to:

Enhance and consolidate the bonds of fraternity and solidarity among the Member States;
Safeguard and protect the common interests and support the legitimate causes of the Member States and coordinate and unify the efforts of the Member States in view of the challenges faced by the Islamic world in particular and the international community in general;
Respect the right of self-determination and non-interference in the domestic affairs and to respect sovereignty, independence and territorial integrity of each Member State;
Ensure active participation of the Member States in the global political, economic and social decision-making processes to secure their common interests;
Reaffirm its support for the rights of peoples as stipulated in the UN Charter and international law;
Strengthen intra-Islamic economic and trade cooperation; in order to achieve economic integration leading to the establishment of an Islamic Common Market;
Exert efforts to achieve sustainable and comprehensive human development and economic well-being in Member States;
Protect and defend the true image of Islam, to combat defamation of Islam and encourage dialogue among civilizations and religions;
Enhance and develop science and technology and encourage research and cooperation among Member States in these fields;

In order to realize these objectives, Member States shall act, inter alia, in accordance with the following principles:

All Member States commit themselves to the purposes and principles of the United Nations Charter;
Member States are sovereign, independent and equal in rights and obligations;
All Member States shall settle their disputes through peaceful means and refrain from use or threat of use of force in their relations;
All Member States undertake to respect national sovereignty, independence and territorial integrity of other Member States and shall refrain from interfering in the internal affairs of others;
Member States shall uphold and promote, at the national and international levels, good governance, democracy, human rights and fundamental freedoms, and the rule of law.

~FOR MORE INFORMATION PLEASE VISIT OIC WEBSITE:
http://www.oic-oci.org/

INTERNATIONAL COURT OF JUSTICE..

2011-01-15T04:58:00.001+08:00

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and began work in April 1946.

The seat of the Court is at the Peace Palace in The Hague (Netherlands). Of the six principal organs of the United Nations, it is the only one not located in New York (United States of America).

The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies.

The Court is composed of 15 judges, who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council. It is assisted by a Registry, its administrative organ. Its official languages are English and French.

Jurisdiction:

The International Court of Justice acts as a world court. The Court has a dual jurisdiction : it decides, in accordance with international law, disputes of a legal nature that are submitted to it by States (jurisdiction in contentious cases); and it gives advisory opinions on legal questions at the request of the organs of the United Nations or specialized agencies authorized to make such a request (advisory jurisdiction)

Cases:

The Court has a twofold role: to settle, in accordance with international law, legal disputes submitted to it by States (Contentious cases ) and to give advisory opinions (Advisory proceedings) on legal questions referred to it by duly authorized United Nations organs and specialized agencies.

In Contentious proceedings, when a dispute is brought before the Court by a unilateral application filed by one State against another State, the names of parties in the official title of the case are separated by the abbreviation v. for the Latin versus (e.g., Cameroonv. Nigeria). When a dispute is submitted to the Court on the basis of a special agreement between two States, the names of the parties are separated by an oblique stroke (e.g., Indonesia/Malaysia).

The first case entered in the General List of the Court (Corfu Channel (United Kingdom v. Albania)) was submitted on 22 May 1947.

From 22 May 1947 to 14 January 2011, 150 cases were entered in the General List.

*FOR MORE INFORMATION PLEASE VISIT ICJ'S WEBSITE:
http://www.icj-cij.org/

Do We Have a New Criminal Procedure Code?

2011-01-14T18:36:00.001+08:00

".....Due to extensive amendments made to the Criminal Procedure Code, the Bar Council Criminal Law Committee is carrying out roadshow in four states; Selangor, Negeri Sembilan, Pahang and Johore, to explain the amendments to criminal law practitioners around the country."

source: Malaysian Bar Council

2011-01-11T02:33:00.001+08:00

Pindaan perlu perkenan sultan???

2011-01-11T02:29:00.000+08:00

What an open verdict means???

OPENING AIKOL FOOTBALL CHAMPIONSHIP (AFC'11)

2011-01-11T02:21:00.005+08:00

Date: 10th January 2011

Venue: Moot Court,Aikol

* the games will be played at Mahallah Ali field.Only the final match and closing ceremony will be held at IIUM Stadium.
~some of the pictures. Enjoy.

~AFC 2011~

now begin....

~our VIP, Dr Haniff with bro. Izzat and AFC's mainboard.

~multimedia presentation.

*we hope that all players will take a good care of their health due to raining season. play but don't forget about your study (especially those who have tutorial, don't 'tuang' your tutorial as well as solat,as what

Dr. Haniff said in his speech). play with gaming spirit but not just for victory alone. take this opportunity to strengthen our brotherhood. Ukuwaah fillah.

Commentary: land belongs to public.

2011-01-06T13:46:00.000+08:00

Recently, I stumbled upon an article wrote by Bavani M and Priya Menon in the Star and the headline somehow catches my eye to scheme through the article ( not that intresting though but still eager to read).

The article highlighted a dispute about a land which was alleged to be of public used but had been taken over by a developer to build a private property.and the next thing that came across my mind is a big question mark. How can a public land possibly turns into a private property without prior approval by the said authority?? ( I am still new to land law by the way)

It was reported that the land was highly guarded by security personnel and dogs. Initially, it was a private land but was supposed to be handed over to the government. If it is true that the land belongs righfully to the government, then the authority should take serious action against the default party so as to curb wrongful encroachment of the land. They are reaping off profits and fruits from the land while others are biting their nails as consequence of the acts. While others might say : who cares aniway? it just a land for god sake. But to those developers, land is money. Without land, we cannot make money.

Federal Territories and Urban Wellbeing Minister Datuk Raja Nong Chik Raja Zainal Abidin said action would be taken against the developer whose properties had encroached into government land. To date, there are five bungalows for the developer’s family as well as several VIPs.

Memorandums were passed by the residents, various complaints have been made, yet no serious action was taken. The solution?

The more you say, the less people remember- François Fénelon

NHR signing off~

Source : http://www.starproperty.my/PropertyScene/TheStarOnlineHighlightBox/9387/0/0

Legislations Update

2011-01-06T12:25:00.001+08:00

Salam alaik. Hope that our fellow readers is in the best of health and iman. Below is the latest Malaysian Acts to date for your kind reference. For further details or full text of the Acts, simply log on to www.cljlaw.com.

Principal Acts

Number	Title	Date coming into force
ACT 712	Competition Act 2010	1 January 2012 [PU(B) 410/2010]

ACT 714

Suruhanjaya Pengangkutan Awam Darat Act 2010

3 June 2010 [PU(B) 262/2010]

Amending Acts

Number

Title

Date coming into force

ACT A1383

Judicial Appointments Commission (Amendment) Act 2010

1 November 2010 [PU(B) 478/2010]

ACT A1385

Anti-Trafficking In Persons (Amendment) Act 2010

15 November 2010 [PU(B) 500/2010]

PU(A)

Number	Title	Principal Act No	Date coming into force
PU(A) 398/2010	Entertainments Duty (Exemption) (No 15) Order 2010	ACT 103	2 December 2010
PU(A) 399/2010	Entertainments Duty (Exemption) (No 16) Order 2010	ACT 103	2 December 2010
PU(A) 400/2010	Customs (Values) (Crude Petroleum Oil) (No 24) Order 2010	ACT 235	2 December 2010
PU(A) 402/2010	Anti-Money Laundering And Anti-Terrorism Financing (Amendment Of First Schedule) Order 2010	ACT 613	6 December 2010
PU(A) 403/2010	Anti-Money Laundering And Anti-Terrorism Financing (Invocation Of Part Iv) Order 2010	ACT 613	6 December 2010

PU(B)

Number	Title	Principal Act No	Date coming into force
PU(B) 506/2010	Reservation Of Land For Public Purpose - Federal Territory Of Kuala Lumpur: Mukim - Setapak	ACT 56/1965	18 November 2010
PU(B) 507/2010	Reservation Of Land For Public Purpose - Federal Territory Of Kuala Lumpur: Town - Kuala Lumpur	ACT 56/1965	18 November 2010
PU(B) 508/2010	Copyright Act 1987 - Corrigendum	ACT 332	18 November 2010
PU(B) 509/2010	Commercial Vehicles Licensing Board Act 1987 - Corrigendum	ACT 334	18 November 2010
PU(B) 510/2010	First Supplementary Scheme To The Scheme For The Operation, Promotion And Management Of The Four Digit Game (4d) For Sandakan Turf Club 2010	ACT 384	22 November 2010

Source: www.cljlaw.com

Case of the week: Razali Samani v. PP

2011-01-06T11:53:00.002+08:00

RAZALI SAMANI v. PP
COURT OF APPEAL, PUTRAJAYA
SURIYADI HALIM OMAR JCA, HASAN LAH JCA, AHMAD MAAROP JCA
[CRIMINAL APPEAL NO: J-05-110-2007]
29 SEPTEMBER 2010

CRIMINAL LAW: Dangerous Drugs Act 1952 - Section 39B(1)(a) - Trafficking in dangerous drugs - 888.56 grams of cannabis - Appeal by accused against conviction and sentence - Defence of accused - Whether raised a reasonable doubt on prosecution's case - Credibility of police witnesses - Statutory presumption of trafficking under s. 37(da) - Whether rebutted by accused - Whether trial judge appreciated defence case properly - Whether conviction warranted

CRIMINAL PROCEDURE: Defence - Explanation by accused - Trafficking in cannabis, appeal against conviction and sentence - Existence of another person who brought cannabis into accused's car - Credibility of police witnesses - Whether accused's defence failed to raise any reasonable doubt that accused in possession of cannabis found in his car - Whether trial judge appreciated defence case properly - Dangerous Drugs Act 1952, ss. 37(da), 39B(1)(a)

EVIDENCE: Witness - Police as - Credibility of police witnesses - Whether trial judge correct in accepting their evidence

--------------------------------------------------------------------------------------------------------------------------------------This This was the Appellant's appeal against the decision of the High Court convicting him under s. 39B(1)(a) of the Dangerous Drugs Act 1952 ('Act') of trafficking in 888.56 grams of cannabis which amounts to a death penalty.

The Appelant was ambushed by the police at Kempas Toll Plaza where he was found in possession of cannabis in his car. In his defence, the Appellant argued that the cannabis does not belong to him . It was another person ('Mohd Izuan') who had brought the cannabis into the car. It was further contended that Mohd Izuan got out of the car to go to the toilet when the Appellant parked his car at the Kempas Toll Plaza.

The trial judge, however, was of the view that the Appelant has failed to raise a reasonable doubt on the prosecution's case. As such, his appeal was dismissed and the decision of the trial judge was upheld.

For further details of the abovementioned case, kindly visit http://www.cljlaw.com/ . Happy reading !

A bogus constitutional crisis

2011-01-06T11:07:00.000+08:00

A bogus constitutional crisis

SRC'S ONLINE SURVEY: Regarding the new Academic Calendar Session 2011/2012 which the Semester 1 2011/2012 will be started on September 2011..

2011-01-05T02:05:00.002+08:00

ASSALAMUALAIKUM W.B.T. we refer to IIUM's Students' Representative Council (SRC) facebook:-
(we encourage all Aikolian to take part in this survey, this's is the proper way to voice out you opinion regarding this matter,tq )

Src Iium January 4 at 10:29pm Reply • Report

Assalamualaikum wbt..

Students' Representative Council IIUM 2009/2010 is now conducting an online survey regarding the new Academic Calendar Session 2011/2012 which the Semester 1 2011/2012 will be started on September 2011.

The objective of this survey is to gather opinions from students related to this issue. Students are encouraged to give their arguments,whether they agree or disagree with this new implementation Academic Calendar Session 2011/2012.

These testimonies can be used as supporting documents to be brought into discussions with the representative from Jabatan Pengajian Tinggi on this Friday, 7th January 2011.

You may voice out your opinion pertaining this issue through this link:

https://spreadsheets.google.com/viewform?formkey=dHhmbUJHbVAzdm45RHNOTVhJbTlhZXc6MQ

Your prompt responds are highly appreciated. Thank you.

LAWSOC OPEN DAY LAWSOC 2010/2011

2011-01-04T17:37:00.004+08:00

Alhamdulillah, we thanks Allah s.w.t for make this event run smoothly, finally we manage to conduct Lawsoc Open Day that was held today 4th January 2011 at Lawsoc's office successfully. Thanks a lot to Aikolian who came and joint us and not to forget, also to all EXCOs and sub-committees who lend their shoulders during this event so that this event came to the end. Special thanks to representatives from Kulliyyah Base Society (KBS) and Students' Representative Council (SRC) who spend their time to come and support us at LAWSOC today. We hope that this programme may closer the gap between us, Insya Allah. Though this event had end, but we always welcome Aikolian to visit us at our office.

~pray to Allah s.w.t to bless us and what we had done.

~WELCOME~

a warm welcome banner

~ Chairperson of Welfare secretariat LAWSOC,bro Muhd Danial Izzat with Chairperson of Welfare Secretariat SRC 2009/2010 (also from Aikol constituency) sis Izyan Hazwani.

~Representatives from Kulliyyah base Society (KBS) with LAWSOC's Financial Controller,

bro. Izzat Ghazali

~ lucky draw time...bro. Afif annouce the winner

~finally...we got a happy memories to share with you...thank you for coming...

ATTENTION...

2011-01-04T17:09:00.000+08:00

For students whose CGPAs are below 2.3, you are required to attend a Kuliyyah briefing. the details of the briefing are as follows:-

Date: 5th january 2011 (Wednesday)
Time: 2.30 pm
Venue: Lt B, AIKOL
your attendance is compulsory. Failure to attend may lead to denial of readmission.

LAWSOC 2010/2011 line up..."MOLDING FUTURE LEGACY"

2011-01-03T14:40:00.005+08:00

MAIN BOARD

SECRETARIAT

Introduce our new line up for LAWSOC 2010/2011. We hope that IIUM students, especially our dear brothers and sisters in Aikol know who are in LAWSOC office. We in LAWSOC hope that this post might help you to know better who they are...

Insya Allah we will do our best in fulfilling our amanah..

SUPPORT US AND WORK WITH US..

~ MOLDING FUTURE LEGACY~

2011-01-03T14:30:00.000+08:00

ATTENTION !!!

Blood donation is back at iium.

DATE: 3rd-7th JANUARY

2011

(MONDAY-FRIDAY)

TIME :9.OOAM-4.00PM

VENUE :SHAS MOSQUE'S

FOYER,IIUM.

~brought to you by LAWSOC 2010/2011

2011-01-01T07:12:00.003+08:00

2010-12-30T02:39:00.003+08:00

::coming soon this January::

MOCK TRIAL..CFS PJ...

2010-12-30T02:11:00.002+08:00

Assalamualaikum.
dear Aikolian, we just get a request from law student from CFS IIUM to promote their up coming event this january, and we are glad to do so..anyone we are interested to attend this event,you can purchase ticket from our person-in-charge.
don't hesitate to contact bro. Mawi: 013-222526/017-9069 747 for further inquiries regarding transportation and ticket.
(ticket are limited, first come first serve...)
thank you :)

*detail about this programe you can see at
http://www.facebook.com/pages/Mock-Trial-2011-Jelita/180179965326245

Alhamdulillah..praises to Allah... our trip to Sri Pentas for the Live Broadcast of Halaqah Tv9 was a blast. Special Thanks to Halaqah's crew for having us during the telecast as well as the Aikolians who attended the program. ilalliqa' :>

2010-12-29T01:29:00.005+08:00

Live broadcast "Halaqah TV9"

Date: 28th December 2010 (Tuesday)

Time: 10.00pm-11.00pm

Venue: Sri pentas.

Alhamdulillah...now...we are officially Management Committees of Law Students' Society 2010/2011 AIKOL, IIUM

2010-12-28T17:14:00.004+08:00

*let work together everyone...

~more pictures click here:
http://www.facebook.com/album.php?id=100000661815787&aid=39115

NOTICE...for Aikolian...

2010-12-28T07:30:00.001+08:00

For students whose CGPAs are below 2.3, you are required to attend a Kuliyyah briefing. the details of the briefing are as follows:-

Date: 5th january 2011 (Wednesday)

Time: 2.30 pm

Venue: Al-Nawawi Conference Room Level 4, AIKOL

your attendance is compulsory. Failure to attend may lead to denial of readmission.

Thank you

Office of Deputy Deen (Student Affairs)

Ahmad ibrahim Kullliyyah of Laws.

UPCOMiNG EVENT...for this week

2010-12-28T07:15:00.001+08:00

Assalamualaikum..

how are you guys, hope all of you in the good health and in the blessing of Allah SWT.

without noticing it, it was already the third week of the semester..

there were many thing we had done that make us forgot what happen around Aikol..but rest for assured because we try to update the news..

please take note that all tutorial classes start by this week.

Let refresh what we had done in past two week . For your information, Lawsoc had already conducted two programs,

-Mass Gathering for subcommittee and group binding for Lawsoc excoes..

and we also had finished our Almanac and waiting for approval.

-today 28/12/2010, we will have Baiah ceremony, this programs is compulsory to all Lawsoc Excos, this program will be held at executive meeting room at 2pm. At night we will depart to Seri Pentas for 'Halaqah' program. if anyone interested to joint please come to our office and but it is limited to 30 person only. first come, first serve..

We at Lawsoc try our best to meet the need of Aikolian but within our limit...

if you have and suggestion, don't hesitate to drop by our office..

there were many people suggest we update our blog..insya Allah, we try our best...

May Allah bless us...

*try to upload group binding picture hehe...

~best regard~

Case of the week : Sashi Kumar Suppiah v. Timbalan Menteri Dalam Negeri Malaysia & Ors

2010-12-27T16:44:00.004+08:00

SASHI KUMAR SUPPIAH v. TIMBALAN MENTERI DALAM NEGERI MALAYSIA & ORS
HIGH COURT MALAYA, KUALA LUMPUR
SOFIAN ABD RAZAK J
[CRIMINAL APPLICATION NO: 44-171-2009]
24 MARCH 2010

CRIMINAL LAW: Emergency (Public Order and Prevention of Crime) Ordinance 1969 - Section 4(1), detention under - Habeas corpus - Whether applicant denied right to be represented by counsel - Whether Board's refusal to call witnesses to be cross-examined by applicant violated art. 5(3) Federal Constitution - Whether applicant's challenge to appointment of Chairman and members of Board groundless

CRIMINAL PROCEDURE: Habeas corpus - Emergency (Public Order and Prevention of Crime) Ordinance 1969, detention under s. 4(1) - Whether applicant denied right to be represented by counsel - Whether Board's refusal to call witnesses to be cross-examined by applicant violated art. 5(3) Federal Constitution - Whether applicant's challenge to appointment of Chairman and members of Board groundless

CONSTITUTIONAL LAW: Fundamental liberties - Habeas corpus - Emergency (Public Order and Prevention of Crime) Ordinance 1969, detention under s. 4(1) - Whether applicant denied right to be represented by counsel - Whether Board's refusal to call witnesses to be cross-examined by applicant violated art. 5(3) Federal Constitution - Whether applicant's challenge to appointment of Chairman and members of Board groundless

LEGAL PROFESSION: Duty to client - Duty to make every effort to ensure appearance at day of hearing - Legal Profession (Practice and Etiquette Rules) 1978, rr. 6(a), 24(a)

-------------------------------------------------------------------------------------------------------------

In the current case, the Applicant applied for habeas corpus application pursuant to s. 4(1) of the Emergency (Public Order and Prevention of Crime) Ordinance 1969 ('Ordinance').

The application was made on the grounds that:

(1) the Advisory Board ('the Board') denied him his rights to be represented by counsel by refusing to grant a second postponement of his representation hearing as his counsel was engaged in another trial;

2) the Board, in refusing to call witnesses to be cross-examined by the applicant, violated art. 5(3) of the Federal Constitution ; and

(3) the appointment of the Chairman and two members of the Board was not lawful thereby violating art. 151(2) Federal Constitution.

In Brief, the Applicant application was dismissed by the court due to the following reasons:

(1) There was no indication in Form 1 pursuant to r. 3(2) of the Public Order and Prevention of Crime (Procedure) Rules 1972 ('the 1972 Rules') that the Applicant wanted to be represented by counsel.

(2) The Applicant has failed to prove that the appointment of the Chairman and two members of the Board thereof were not in accordance with art. 151(2). The court was of the opinion that Applicant alleged claims were not credible as his purported belief was based purely on conjecture without any legal basis.

(3) The learned counsel was clearly in breach of both Rules 6(a) and 24(a) of the Legal Profession (Practice and Etiquette) Rules 1978 respectively when he accepted the brief to represent the applicant on the day fixed for the hearing. It was held by the learned judge that a request for a postponement was not a matter of right though the applicant had a right to appoint a counsel of his choice to represent him during the said hearing.

For further details , kindly browse to CLJLaw website for the full judgment of the abovenamed case. Happy reading!

Syariah judge gets 19 years’ jail

2010-12-27T16:04:00.000+08:00

Syariah judge gets 19 years’ jail

2010-12-27T08:43:00.001+08:00

Buka lembaran baru perundangan Islam
Oleh Zainul Rijal Abu Bakar
zainul.rijal@abubakar.my
2010/12/27

Lihat kesilapan lalu, cari jalan serta membuat perancangan demi kebaikan tahun mendatang

BEBERAPA hari lagi kita akan meninggalkan 2010 dan beranjak memasuki 2011. Rasa masa berlalu sangat pantas dan mustahil masa yang berlalu dapat dikembalikan, sebaliknya kita hanya boleh merenung semuanya sebagai sejarah.

Sejarah mengajar kita lebih bertamadun dan bersedia menghadapi segala kemungkinan yang mendatang. Ada banyak perkara berlaku sepanjang 2010 yang memberi kesan kepada masyarakat.

Dari aspek perundangan, seperti tahun sebelumnya, 2010 menyaksikan beberapa perkara membabitkan perbincangan hebat kedudukan bidang kuasa mahkamah sivil dan mahkamah syariah.

Peruntukan Perlembagaan Persekutuan terutama perkara 121 (1A) masih hangat diperbahaskan.

Beberapa kes menyentuh isu ini sehingga membawa kepada perbincangan sama ada Malaysia negara Islam atau tidak. Landskap politik yang berbeza dengan tahun sebelumnya turut memberi kesan kepada perundangan negara.

Malah, peruntukan lain yang memberi kelebihan kepada agama Islam dan orang Melayu turut dipersoalkan walaupun ia sudah termaktub dengan jelas dalam Perlembagaan. Dokumen tolak ansur antara kaum sering dilupakan sejarahnya apabila sesuatu kaum menuntut bagi pihak kaumnya.
Digambarkan di negara ini seolah-olah kaum minoriti ditindas walaupun hakikatnya kaum Cina dan India mendapat banyak kelebihan.

Seksyen 51 Akta Membaharui Undang-Undang (Perkahwinan dan Perceraian) 1976 masih menjadi tajuk penting dalam perbahasan semasa. Peruntukan itu menetapkan pihak yang tidak memeluk Islam boleh memfailkan petisyen untuk perceraian dengan syarat petisyen itu tidak boleh difailkan dalam tempoh tiga bulan daripada tarikh pasangannya memeluk Islam.

Apabila membubarkan perkahwinan itu, mahkamah boleh membuat perintah kepada isteri atau suami untuk kepentingan anak kepada perkahwinan itu, jika ada, ataupun meletakkan syarat apabila membubarkan perkahwinan itu.

Mahkamah yang dimaksudkan di sini adalah mahkamah sivil. Seksyen 51 ini hanya memberi hak kepada pihak yang tidak memeluk Islam itu memfailkan petisyen pembubaran perkahwinannya di mahkamah.

Pihak memeluk Islam tidak langsung mempunyai hak untuk membubarkan perkahwinan. Jika pihak yang tidak memeluk Islam enggan memfailkan petisyen atas alasan tertentu maka tidak ada sebarang remedi dan jalan keluar bagi pihak yang memeluk Islam.

Kita berharap pindaan terhadap seksyen itu dibuat dengan segera demi keadilan kedua-dua pihak sama ada yang Islam atau tidak Islam kerana Seksyen 51 ini seolah-olah menganggap memeluk Islam itu suatu kesalahan dan kerana itu orang yang masuk Islam perlu dihukum dengan menarik hak mereka untuk mendapatkan perceraian.

Persoalan murtad pula sudah dituntaskan termasuk dalam bidang kuasa mahkamah syariah. Namun, masih ada yang enggan menerima hakikat kewujudan mahkamah syariah dan bidang kuasanya.

Hingga ada yang cuba menidakkan bidang kuasa mahkamah syariah dengan mencampur adukkan bidang lain yang tidak termaktub di bawah bidang kuasa mahkamah syariah.

Pernikahan bawah umur juga dijadikan polemik walaupun Islam membenarkan seorang yang mencapai umur baligh bernikah. Perspektif dari lensa dan norma hidup Barat mengehadkan pernikahan setelah mencapai umur 18 tahun dipegang erat sesetengah golongan walaupun agama membenarkannya.

Ketuanan Melayu, hak istimewa orang Melayu, pribumi Sabah dan Sarawak juga tidak lepas dari menjadi perbahasan. Begitu juga kedudukan Raja-Raja Melayu yang ada kalanya dicabar pihak tertentu.

Politik sering mendapat tempat teratas semasa perbualan harian khususnya orang Melayu. Benih-benih kebencian antara orang Melayu berbeza fahaman politik juga terzahir.

Kita wajar menoleh ke belakang melihat kesilapan yang berlaku dan mencari jalan serta membuat perancangan demi kebaikan tahun akan datang. Berpindah ke tahun baru sebenarnya membawa tanggungjawab lebih besar.

Kita ingin melihat negara berjaya mencapai status negara maju dengan nilai murni dipertahankan. Semoga 2011 membuka lembaran lebih baik serta membawa kebaikan untuk semua khususnya bagi perundangan Islam.

Terlalu banyak perkara menanti pada 2011. Jika kita masih tidak melakukan anjakan paradigma sudah pasti 2011 akan berlalu tanpa sebarang pencapaian membanggakan. Semoga 2011 akan menjadi tanda aras kejayaan kita. Selamat tahun baru.

Penulis ialah Presiden Persatuan Peguam Peguam Muslim Malaysia (PPMM) dan boleh dihubungi di zainul.rijal@abubakar.my

source: berita harian online

2010-12-22T05:28:00.002+08:00

MASS GATHERING SUB-COMMITTEE

LAWSOC 2010/2011

20th DECEMBER 2010

2010-12-20T07:01:00.005+08:00

ANNOUNCEMENT

2010-12-20T04:32:00.007+08:00

Assalamualaikum w.b.t.

it is not to late for us in LAWSOC to congratulate new students December intake especially to the Aikolian, WELCOME TO THE GARDEN OF KNOWLEDGE AND VIRTUE although one week already passed. unfortunately, our blog is under maintainance for now until further notice in order to provide readers a better service throughout our new tenure 2010/2011. We hope that after some modification,this blog will serve as one stop center for Aikolian to get information about Lawsoc programs and news. Insya Allah we will try our best, pray for our success.

Sincerely,

Information, Research & Development Secretariat,

Law Students' Society 2010/2011.

2010-12-20T03:30:00.007+08:00

::LAW STUDENTS' SOCIETY 2010/2011::

AHMAD IBRAHIM KULLIYYAH OF LAWS

INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA

CALENDAR

2010-12-20T03:30:00.005+08:00

NEWS

2010-12-20T03:30:00.001+08:00

2010-12-20T03:29:00.004+08:00

SOURCE: http://www.iium.edu.my/browse#kulliyyah

Ahmad Ibrahim Kulliyyah Of Laws

In the Ahmad Ibrahim Kulliyyah of Laws (AIKOL), students read the Malaysian law, the common law, Islamic law and international law. Students are taught the theoretical side, as well as trained in the practical aspect, of the laws.

This Kulliyyah aims to produce judges and lawyers capable of practising in both the civil court and the Syariah court systems. In order to achieve this, the Kulliyyah offers the programmes of Bachelor of Law (LL.B), LL.B (Shariah), Master of Comparative Law (MCL) and Ph.D.

The kulliyyah was set up and came into existence in 1983, simultaneous with the establishment of the International Islamic University Malaysia. From a modest establishment with 3 teaching staff and 59 students, the Ahmad Ibrahim Kulliyyah of Laws has grown and developed rapidly. At present, there are about 112 teaching staff, more than 2,000 undergraduate students and more than 300 postgraduate students.

AIKOL offers an integrated curriculum wherein Islamic law is taught alongside the civil law. The concept of this curriculum was devised by its founding father: Al-Marhum Professor Emeritus Tan Sri Datuk Ahmad bin Mohamed Ibrahim (1916-1999).

PROGRAMS

2010-12-20T03:29:00.003+08:00

FIRST PLACE: Can Non-Muslims be Shar'ie Lawyer?

2010-10-05T11:33:00.018+08:00

An article on:

Can Non-Muslims be Shar'ie Lawyer?

By Nadra Fatima binti Mannan, 1016122

In the era of modernization throughout the world in the race with a pace of ups and downs of globalization, there are many revolution and modification from a game of football, technology and even jurisprudence that have puzzled and systemized us in many years. Yet the conflict still exist which indirectly proportional to the rate of globalization as each day is triggered with a problem to be solved. Even Shariah law is not excluded from this progression as recently a case in Malaysia of non-Muslim Indian women challenged ruling that only Muslim lawyers are allowed to practice at Shariah Court which has make us ponder as could it be possible for such resolution towards the new reformation of Shariah law?

From the eyes and minds of lay persons might responded negative to this case without revising the historical formulations of Shariah law and depth research about this case. Moreover, this is the first test case in Kuala Lumpur of a non-Muslim lawyer being given leave to challenge the ruling that only Muslim lawyers are allowed to practice at the Shariah court. On the contrary to that thought, I strongly believe it is possible for non-Muslims to be Shar’ie lawyer but yet must according to guidelines and procedure of Shariah law.

Before I justify in affirming my statement on this particular matter, it is important to seek clarification first by finding out with general questions such as:

· Who is classified as non-Muslim in perspective of Islam?

· How is the implementation of Shariah law in Malaysia? And also;

· What is the role of a Shar’ie lawyer and its criteria?

Non-Muslim can be simply classified as the unbeliever of Islam or someone whose religion is other than Islam like Christian, Hindu, Buddha, Jews etc. There are many verses in Qur’an pertaining on unbelievers of Islam and one of examples is:

“56 We only send the messengers to give Glad Tidings and to give warnings: but the Unbelievers dispute with vain argument, in order therewith to weaken the truth, and they treat My Signs as a jest, as also the fact they are warned! 57 And who does more wrong than one is reminded of the Signs of his Lord, but turns away from them, forgetting the (deeds) which his hands have sent forth?”

(Surah Al-Kahf: 18, 56-57)

Thus, it is a doubtful decision to allow non-Muslim to be Shar’ie lawyer when it is clearly said in the Qur’an that they cannot be trusted and have plotted a plan against Muslim or a scheme of ‘if you can beat 'em, join 'em’ which all the Muslim must cautious of it. However, according to Dr. Said Ramadan expressed a different view that Islam considers non-Muslims under two categories:

1) Those who settle within the territorial limits of the Islamic State, and whose status is to be determined by a kind of socio-political contract which is called aqh al-dhimmah. This literally means “a contract the fulfillment of which is a pledge upon the conscience of the community.” Once this contract is concluded, the contractees become basically entitled to equal and reciprocal rights and duties. This, in our opinion, grants non-Muslim citizens a status that corresponds with the modern conception of nationality. In other words, they are full subjects of the Islamic State.

2) Those who enter Islamic State for a limited period, and whose status is subject to the regulations and conditions upon which the permission of sojourn is granted. Neither in the Qur’an nor in the Sunnah is there any text against the granting of such permission. On the contrary, there are precedents of non-Muslim foreigners visiting Madinah in the Prophet himself. Even with regard to subjects of a belligerent state, the principles of Islam ordain their full protection once an a-posteriori permission of sojourn has been granted and the bona fides of the visitors has been established. In the early Islamic State, with its primitive state of affairs, the permission of sojourn could even be given by individual citizens and thereby became binding upon the State; this, however, was later developed by Muslim jurists. Sojourners were termed by the Prophet “holders of a covenant of protection,” and they were granted, as a rule, the right to live according their religious code.

In other means, Shariah law is applied to every Homo sapiens including the non-Muslims with their rights and freedom of their religion within Islamic State. Nevertheless, this matter has lead to the other question concerning ways of implementation of Shariah law in Malaysia. Indeed referring to Article 3 of the Federal Constitution provides that Islam is the religion of the Federation; but other religions may be practiced in peace and harmony in any part of the Federation and also with an emphasize in article 11 provides every person has the right to profess and practice his religion and, subject to clause (4), to propagate it. However, Article 4 declared the Federal Constitution is the Supreme law of the Federation and Article 160 does not include Islamic law in its definition of law which shown Malaysia is not an Islamic State, but practicing Islamic law (with limitation on certain areas and jurisdiction as stated the Ninth Schedule, List II – State List of the Federal Constitution). Generally, the application of Islamic law has been limited to:

a) Muslims; and

b) Three areas: family law, inheritance and some matrimonial and ta’azir offence.

Therefore, it can be seen as opportunities to expand Shariah law throughout non-Muslims as can be indicated their acceptance on Shariah law like Victoria Jayaseele Martin who is so hesitated to proclaim her rights to be a Shar’ie lawyer by referring Article 5 (Liberty of the person), 8 (Equality) and 10 (Freedom of speech, assembly and association) of Federal Constitution. Probably this is the time to relinquish the minds of non-Muslims from unfair discrimination and injustice in Islamic law. This is due to most of the Malay customs are coherent to Islamic law and doctrine causes non-Malays reluctant to accept it as they also wanted to be able inherited their diverse cultures and custom. Indirectly, the Muslims can propagate the belief of Islam which does not contravene the Article 11. Besides that, it might be a catalyst for process of Islamization in Malaysia gradually. Recall from the history of trial Caliph Ali, as known as Amirul Mukminin (Commander of the Faithful) during that time with a Jew regarding possession of an armour which is relevant for this reference;

The Caliph lost his armour and it was seen in a shop of a Jew as his selling item. Thus, Caliph Ali claimed that it was his armour that was dropped accidentally from his camel at that night, but the Jew reluctant to confess and emphasize it was his armour. Caliph Ali immediately brings their dispute for judgment from a Muslim judge, Qadhi Syuraih Ibn Harith Al-Khindi r.a. (deceased on 78H).

Qadhi Syuraih	:	What is your story?
Caliph Ali	:	I found my armour that dropped the night that was in the selling items of this man.
Qadhi Syuraih	:	How about you, O man?
Jew man	:	It is in my belongings and possessions, and I do not accuse Ali lying.
Qadhi Syuraih	:	O Ali, I do not have doubt on your honesty, but it is a must for you to have two witnesses. Do you have evidence that it is yours?
Caliph Ali	:	Yes, my both son, Hassan and Hussin is as my witnesses for that armour is mine.
Qadhi Syuraih	:	It is not acceptable for children to be the witnesses of their father in this case.
Caliph Ali	:	Subhanallah! How come for men who are guaranteed entering heaven will not be accepted as the witness? (refer to Hassan and Hussin which mentioned by prophet as the youngsters of Heaven)
Qadhi Syuraih	:	Even so, Amirul Mukminin, I could not let children as witnesses to support their father in this case. O Jew man, take this armour as it is yours.
Jew man	:	Amirul Mukminin Ali has brought me for judgment through his court (Islam) and Qadhi (judge) of his choice. Judge of his choice decided differently. I witness that this religion is true. (and without hesitate, he recites the shahadah)
Jew man	:	Actually this armour does belong to you, O Amirul Mukminin, it was dropped from you during that night.

But then, Caliph Ali gives the armour to the Jew as a gift.

Thus, the moral of the story is the non-Muslims can defend themselves in the Shariah court. In fact using the service of a lawyer should be permissible and also the rights of client to choose his representative due to the lawyer’s credibility, knowledgeable and experience in that area of law whether he is Muslim or not. Likewise, it can be said that the potential Shar’ie lawyer can be amongst non-Muslims and Muslims as it satisfies definition of lawyer that is someone whose job is to advise people, write formal agreements, or represent people in court. Furthermore, there are some advantages by opening a door for non-Muslims to be Shar’ie lawyers involved room of improvement in the legal system and also to widen many scopes in order to uphold the wholly Shariah law in Malaysia. Consequently, the non-Muslims may slowly embrace Islam eventually when they reached the highest and depth understanding of Islam with the Allah’s light of guidance. As Prophet Muhammad, the Messenger of Allah very explicitly stated:

“Like gold and silver, men are different in their qualities, whether before Islam or after Islam. The best of them before Islam is apt to be the best when he comes to understand Islam.”

This Hadith is can be used to support the verse of Qur’an which also has a case behind it and to be taken lessons from it:

“We have sent down to you Book in truth, that you might judge between men, as guided by God: so be not (used) as an advocate by those who betray their trust…”

(Surah Al-Nisa’, 4:105)

The commentators explain this passage with a reference to the case of Ta’ima ibn Ubairaq, who was nominally a Muslim but really a hypocrite and given to all sorts of wicked deeds. He was suspected of having stolen set of armour but when the trial was hot, he planted the stolen property in the house of a Jew, where it was found. The Jew denied the charge and accused Ta’ima, but the sympathies of the Muslim community were with Ta’ima on account of his nominal profession of Islam. The case was brought to the Prophet (SAW) who acquitted the Jew according to the principles of justice. Attempts were made to prejudice him and deceive him into using his authority to favour Ta’ima but these failed.

Muslims should be realized that even among them are hypocrites and as human never will be purified from sins as in the hereafter, Muslims will be weighed and judged by Allah for their live deeds in the world. Hence, Muslims should not be so judgmental towards non-Muslims because it is the duty and burden of Muslims to uphold Shariah law and spread the belief of Islam towards the non-Muslims.

Even though Shariah law can be illustrated like free-size clothes but yet it is designated and custom made by Allah for specifically to all His believers and generally to every human being in the world. Nonetheless, it wills not being fitted and stretched freely and perfectly as there must be a draw line between the non-Muslims to avoid transgression and misconception. Besides that, Shariah law should be handled with care by expertise. This matter has extended to the question on criteria of Shar’ie lawyer and which arise another issue whether they can reach the expectation of it or not. Tan Sri Datuk Prof. Ahmad Mohd Ibrahim and Dato' Prof. Dr. Mahmud Saedon Awang Othman also has listed the criteria of Shar’ie lawyer under the Islamic law are as the following:

1. Have a good character. The Holy Qur'an says to the effect: "You indeed in the Prophet of Allah a beautiful pattern of conduct for any for any one whose hope is in Allah and the Last Day and who engages much in the praise of Allah." (Surah Al-Ahzab, 33:21)

2. Be trustworthy. As stated in the Holy Qur'an to the effect "Allah commands you to render back your trusts to those to whom they are due." (Surah An-Nisa', 4:58)

3. Should perform his duties with sincerity, honesty and with the intention to serve Allah (SWT) for he is performing a worthwhile duty in the eyes of Allah (SWT).

4. Should have a good knowledge of the law, both substantive and procedural.

5. Should continue to improve his knowledge and make himself more competent to perform his duties.

They also added that both in the legal Profesison Act, 1976 and in the Peguam Shar’ie rules for the States, there are provisions stating that to became an advocate and solicitor or a Peguam Shar’ie, a person must be of good character and (a) has not been convicted of any criminal offence and (b) has not been adjudicated a bankrupt.

Based on the requirements stated, it does not mention that Shar’ie lawyer should be a Muslim. However, the requirement of no. 2 and 3 might cause curiosity and uncertainty especially the non-Muslims cannot be trusted as they do not profess Islam and their intention to serve Allah which is conceived as absurd for they still believe in other god than Allah. The main concern is their motive but then, even in the man-made law, it is hard to prove a bad motive or malice and to be used as an evidence of someone's wrongful act. That is why there should be stressed on that judge must be Muslim in the Shariah court. It is mentioned in the Qur’an, Surah Al-Maidah, 5: 6-11 on the duty on uprightness, and one of the verses:

“... O you who believe! Stand out firmly for God, as witnesses for fair dealing, and let not hatred of others to you make you swerve to wrong and depart from justice. Be just: that is next to piety: and fear God. For God is well-acquitted with all that you do.”

(Surah Al-Maidah, 5:8)

Nevertheless, there is some conflict on the qualification for being a judge regarding whether that the judge must be a Muslim or not. It is also noted by the late Tan Sri Datuk Prof. Ahmad Mohd Ibrahim and Dato' Prof. Dr. Mahmud Saedon Awang Othman that asserted:

7. The majority of jurists say that the judge must be a Muslim meanwhile there are some jurists especially those belonging to the Hanafi’s school, who take the view that non-Muslim judges can be appointed to hear cases where the parties or some of them are non-Muslims. The Majallah Ahkam Adliyyah in mentioning the qualifications for judge does not mention that he must be a Muslim. Some modern jurists like Muhammad Salam Madhur takes the view that a non-Muslim can be judge, as a non-Muslim can be accepted to give evidence. It can be argued that in Malaysia, non-Muslim judges can be appointed to deal with cases, in courts other than the Shari'ah Courts (which apply the Shari'ah and the Muslim personal Law and has jurisdiction only over Muslims).

Referring the review above, it can be considered that if non-Muslim can be a judge in Shariah court by some jurists, then it will be possible for a non-Muslim to be a Sharie lawyer. As the judge is the highest authority in any court following with the assistance of lawyers. Although there is such an opinion of jurist, it is much appropriate and reasonable for judge is a Muslim in order to supervise and guided the non-Muslim Shar’ie lawyer especially on their interpretation of Qur’an and Sunnah. In addition to that, Muslims in Malaysia are belonging to the Shafie’s school so they are prone to accept that judge must be a Muslim in Shariah court. Besides, the decision is up to judge whether to overturn it or not after hearing both parties. In the Qur’an said;

“(They are fond of) listening to falsehood, of devouring anything forbidden. If they do come to you, either judge between them, or decline to interfere, if you decline, they cannot hurt you in the least. If you judge, judge in equity between them. For God loves those who judge in equity.”

(Surah Al-Maidah, 5:42)

In the nutshell, we ought to look the bright side of these changes along with outlook of the history. It is an alternative to strengthen the Shariah law and fully adopt it for justice to be served and prevailed. Ineffectiveness of man-man law nowadays should be replaced and all the country in the world should be unified under the Shariah law excluding discrimination in races, countries, and colours because everybody has the equal rights in Islam. There are just too many weaknesses in man-made law as can be seen in TV whether in the form drama series or reality news. It can be described through a rhythmic poem;

Everyone seeks justice through law,

Everything from hitting someone's jaw,

Yet most of it is man-made which so many flaws,

As even a guilty person can get draw,

Citizens love to believe what they can saw,

Still among them were escapees living freely in the raw,

Which this has eventually becomes the last straw?

It is essential for Muslims have solid strong faith in their belief. Yet Muslims are exhorted to remain united stated in the Qur’an,

“And hold fast, all together, by the rope which God (stretches out for you), and be not divided among yourselves; and remember with gratitude God’s favour on you; for you were enemies and He joined your hearts in love, so that by His Grace, you became brethren; and you were on the brink of the pit of Fire, and He saved you from it. Thus does God make His Signs clear to you: that you may be guided”

(Surah Al ‘Imran, 3:103)

Plus, it is like propose a contract in acceptance of Islamic belief to the non-Muslim when they are committed themselves to participate in Shariah law. Yet it become obligatory the Muslims to fulfill the contract even with the non-Muslims unless they breach some of the terms and conditions. Their rights and obligations are determined according to basic text of Qur’an and Sunnah. Examples:

From the Qur’an:

“O you who believe! Fulfill (all) obligations.”

(Surah Al-Maidah, 5:1)

“… As long as these (non-Muslim contractees) stand true to you, sand you true to them: for God does love the righteous.”

(Surah Al-Tawbah, 9:7)

From the Sunnah, said the Prophet:

“Beware! Whosoever is cruel and hard on a contractee, or curtails his rights, or burdens him with more than he can endure, or takes anything his property against his free will. I shall myself be a plaintiff against him on the Day of Judgment.”

In the end, Allah who is the wisest judge of all that know what is best for His creations;

“… Is not God the wisest of Judges?”

(Surah Al-Tin, 95: 8)

In the light shed of Islam, we should seek guidance from Allah regarding this matter. And who knows maybe the non-Muslims will coincidentally embrace Islam during their service as Shar’ie lawyer for there is a saying, ‘don’t judge a book by a cover’. For that, we Muslims should look forward for it to become reality. Whatever decision of court on the case, the Muslims should be open-minded and not being hasty about it because there always reason for every incident to be happened. Thus, I’m strongly agreed that non-Muslims can be Shar’ie lawyer but stress on accordingly with guidelines and procedure Of Shariah law.

SECOND PLACE: Can a Non-Muslim Be Sharie Lawyer?

2010-10-05T11:26:00.003+08:00

CAN A NON-MUSLIM BE SHARIE LAWYERS?

Lately we were shocked by the news from main stream media about the judgement made by Kuala Lumpur High Court which consent the judicial review (mandamus) to suit the application of Victoria Jayaseelee Martin, a Christian lawyer, who wants to be a Sharie lawyer. On May 14, she won approval from the High Court to challenge the rule. The date for the hearing is yet to be fixed. The judicial review is one of the branches of the court’s inherent jurisdiction. Based on the courts authority (refer to common law), to review the legal action made by the executive and legislative party, courts must make decision that either the statute is permitted or vice versa with our constitutional (constitutional in nature) or either the result concluded by executive party that rely upon particular policies which in line with constitution. On the other hand, the reason that had been used by this applicant to be Sharie lawyer is because ‘to uphold the justice’.

Victoria, who was representative by Ranjit Singh in this case, has made claim in civil court after her application as Sharie lawyer has been rejected due to the reason that she is non-Muslim. After graduating from the University of London, Martin in 2004, obtained a diploma in Shariah Law and practice or Diploma Undang-Undang dan Amalan Syariah (DSLP) from the International Islamic University of Malaysia (IIUM) has filed the application in consent on certiorari order which want Majlis Agama Islam Wilayah Persekutuan (MAIWP) cancel the decision upon their rejection of her application to be Sharie lawyer. Applicant also want an announcement to be made that Rule 10 of the Peguam Syarie Rules 1993 (Federal Territories) that gives mandate only Muslim can be accepted as Sharie lawyer is an ‘ultra vires’ to Islamic Administration Law Act 1993. Besides that, the applicant also made a claim that another announcement must being done in a same way that who gives mandate that only Muslim can be Sharie lawyer is opposite with the article 8(1), 8(2), 5 and 10(1) in Federal Constitution.

The respective judge, Hakim Datuk Mohd Zawawi Salleh in his decision has rejected the evidence from MAIWP who was represented by Nadia Hanim Mohd Tajuddin that only Shariah court have jurisdiction to try the cases of their clients. This is because, actually Civil courts have jurisdiction to curb the issue as authorised by law.

I am fully believe that this issue will be settled by judiciary division in peace and harmonize condition without any bias to any party. However, I have some doubt here after evaluate particular circumstances. Firstly, this application was found triggered after the applicant faced the disappointed series of non-Muslim dilemma about rights and their responsibility when any case was tried in Shariah court. For example, applicant in this case Victoria Jayaseelee Martin, has said that she wants to be Sharie lawyer to handle cases such as custody battles for children where one spouse had converted to Islam and where Muslims had renounced their faith.

Magdelene Selvarajah, a social worker, said some Muslim lawyers are sympathetic to non-Muslims’ custody battles, “but they don’t dare take up such cases as it would be seen as going against Islam. So why not allow a non-Muslim, a person who is competent in Shariah law, to do so?”. In this problem, they must understand that our religion has fixed some guidelines to appoint Shariah lawyers and judges. Yet in another verse the Quran said :

“We have neglected nothing in the book”

Legal dualism in Malaysia is reflected by the application of two sets of laws which are Shariah and Civil. The former has been practised centuries prior to the invasion of the colonialists, while the latter was introduced after the coming of the British to this land. Now, there exists two groups of lawyers which are Syarie and non-Syarie legal practitioners. Under certain circumstances, a section of them may practise in both systems provided certain requirements are met.

To become a civil lawyer, one must obtain the Bachelor of Laws degree from any tertiary institutions recognised by the Government. After being called to and admitted by the Bar or any other relevant body, one may serve as an advocate and solicitor in the country. For syarie lawyers, they have to fulfil a number of additional conditions, which are generally the same throughout the country, but there are some minor variations in some states.

For example, Rule 10 of the Peguam Syarie Rules 1993 (Federal Territories) clearly provides that a person may be admitted to be a Syarie lawyer if he :

(i) is a Muslim and has passed the final examination which leads to the certificate of

bachelor’s degree in Syariah from any university or any Islamic educational institution

recognised by the government of Malaysia;

(ii) is a Muslim member of the judicial and legal service of the Federation; or, (iii) is a

Muslim advocate and solicitor enrolled under the Legal Profession Act 1967.

Section (c) of the same Rule states that the aspiring applicant must be of good behaviour, while Section (e) stipulates that as an advocate and solicitor, he or she must pass the Sijil Peguam Syarie examination.

Considering the provisions mentioned, can a non-Muslim apply to become a Syarie lawyer? The answer is obviously a categorical “NO”. However, we cannot solely rely on law and its legal provisions to deny any application, as people see no rationale justifying such a rejection. Here, at least two rationales can be given to fill the seemingly lacunae. Firstly, in Islamic tradition, the terms “Islam” and “Syariah” have been applied interchangeably as synonyms. Though the latter is generally perceived as more technical referring mainly to legal matters, in reality it covers all aspects of human life such as theology, law, politics, economics, ethics, and so forth to form a complete religion and way of life known as Islam. Therefore, knowledge about Shariah implies knowledge about Islam and vice versa.

In addition, Islam is a divine religion meant and brought to all mankind by Prophet Muhammad S.A.W. Those who accept his call, recognise and believe in him as the last Messenger of God are known as Muslims. Should disputes arise among them, possible solutions must be obtained within the parameters specified or recognised by the religion. It may be reached either inside or outside the formal court of justice established by Shariah.

فسألوا أهل الذكر ان كنتم لا تعلمون

“ask your matter (religious) to the expertise if you know”

Realising the above framework, the duty of a Syarie lawyer “is not only to present and argue a case for the interest of his client but, more importantly, to assist the court to arrive at a just and fair decision even if the decision of the court may not be in favour of his client”. In doing so, he must constantly refer to the primary and secondary Islamic legal sources, namely, the Quran, the Sunnah of the Prophet, consensus (ijmak), analogy (qiyas) and other methods agreed upon by Muslim jurists and scholars.

Therefore, for a non-Muslim to become an effective Syarie lawyer, he must first of all believe in all fundamentals prescribed by Islam. He must make efforts to understand as many Islamic teachings, principles and tenets as possible and outwardly put them into practice. He is also required to adequately master the art of applying and deriving conclusions from all those primary and secondary sources of Islamic law. And it takes years for one to sufficiently learn all the necessary processes. How best can a non-Muslim “syarie lawyer” fight for the interests of his Muslim client if he himself actually does not sincerely believe in Islam and practise the religion?

Understanding Islam based on unguided readings or attending sporadic short courses is far from enough for one to claim so. A 150-hour course in Islamic law, for example, does not guarantee that one understands Shariah to the extent that he is qualified enough to talk confidently in the area. By analogy, can a non-Christian like me, after claiming some knowledge in the religion, apply to become a priest without changing my religion? By the same token, can I apply to be a Hindu or Buddhist monk just by having a certain diploma in certain respects of these religions without abandoning my original faith?

There are no religious authorities would allow that “encroachment” to take place as that would only create suspicions, problems and confusion in their respective groups in particular and in the masses in general. It does more harm than good. “Accepting” Islam cannot be compared with accepting something non-religious or cultural in nature. Thus one may enrol as a martial arts student in silat, tae kwan do, kungfu, etc, irrespective of one’s religious or racial background. Similarly, a non-Malay may adopt a Malay wedding ceremony; a Malay-Muslim may become involve in a certain Hindu arts, or join a Chinese Opera group. All these can be done, I believe, without having to compromise one’s religious beliefs.

Secondly, literature on Islamic law is abundantly written in Arabic. A good Syarie lawyer will have to master the language for him understand the Shariah better. Quranic and prophetic texts as well as juristic opinions are all preserved and recorded in Arabic. Considerable works may be translated into and available in many other world languages but a tremendous amount of material remains in Arabic. In Malaysia, I believe there is no non-Muslim lawyer who understands Arabic good enough that may help or enable him to comprehend Shariah better to qualify him to practise in that field. Even if one manages to acquire and fulfil this requirement, his understanding of Islam remains doubtful.

The next point that I want to stress out about the purpose of Shariah. Every law is oriented towards certain purpose. The Shariah, being a divinely inspired code for human conduct, also has its own aims and objectives. Its primary goal is to free man from the grips of his own whims and fancies so that he may become a true servant of ALLAH S.W.T. As we reading the Al-Quran :

“then we put thee in the right way of religion : so follow thou that way and follow not the desires of those who know not”.

To enable man to serve Him, ALLAH has designed His laws to secure man’s interest and safeguard his well-being (maslahah), both in this world and hereafter. This is very significance to the issue that we have discuss earlier. I strongly believe if we give consent to non-Muslim be Sharie lawyer, the case of apostasy, drink liquor and gambling will be increased in a short time. We must be aware that our religion’s enemy will not allow Islam control the world and they will influence us to follow their way of life with any method (ghazwul fikr) that many of us did not realise it. However, I strongly believe to ALLAH S.W.T that Islam will unite and leads the ummah 100 percent sooner or later.

Generally, for those who do not sincerely believe in Islam or do not properly practise the religion, and those who do not have the linguistic skill of Arabic, they are advised not to indulge in Islamic law as their profession, fully or partially, even if they are Muslims. Let alone if they are non-Muslims. ALLAH S.W.T has said :

“this day, I have perfected your religion for you, completed My Favour upon you, and have chosen for you Islam as your religion”

I want to share some useful advices about the fiqh of dispute resolution. It is natural that everyone in a society cannot be expected to behave elegantly and responsibility. Violation is bound to occur, out of greed of power, money, authority, recognition, criminal motives and the social conflict that ensues. ALLAH S.W.T has clearly sanctioned this social dispute :

“if you fear a breach between them. Appoint two arbiters, one from his family and the other from hers. If they seek to set things right, ALLAH will cause their reconciliation...”.

Prophet Muhammad S.A.W also underline the importance of mediation when he said :

“shall I not inform you of something more excellent in degree than fasting, charity and solah? On receiving the reply, he said : It is putting things right between people, for to incite people to dispute is like a a razor. And I do not mean that it shaves off the hair bit it shears the religion”.

Another Quranic passage lays down the basic law of Islam about the relationship between Muslim and people of other faiths.

“ALLAH does not forbid you with regard to those who do not fight you on account of your religion nor drive you out of your homes, from treating them with goodness and from being just to them; truly ALLAH loves those who are just”.

Consequently, the cardinal principle of social relation in the Islamic view is one of peaceful coexistence and not in conflict, tension and hostility. The issue that we have discussed can be solved if there are co-operation between Shariah court and Civil court in upholding the true justice in this worldly life. We must realise our basic role in this world which are as the servants of ALLAH S.W.T, His caliphs and spread the truths. I am very confident if all of human being in this world realised their roles, we will not rely on the man-made law anymore. It is enough for us to apply the Law of ALLAH S.W.T as our guidance in life which based on Al-Quran and As-Sunnah. Last but not least, a non-Muslim who wants to practice as a Syarie lawyer must believe in all fundamentals prescribed by Islam and understand as many Islamic teachings, principles and tenets as possible.

Prepared by :

SITI AISHAH BINTI MOHD RAIS

:: Law Students' Society::

...in memory of LAWSOC 2010/2011.

time to say good bye..

REMINDER MARCH 2011

Seeking Knowledge - The Way to Paradise

Tiga tugas hakiki pendidik universiti

source: berita harian online

Tiga tugas hakiki pendidik universitiOleh Shamrahayu A Aziz2011/03/15

LAWSOC PUBLIC DEBATE

::intellectual forum::

invitation: PROGRAM LARIAN AMAL ALAM SEKITAR ‘GREEN WALK

::STUDENT EXCHANGE PROGRAMME TO INDONESIA::

:: SRC 2010/2011 GENERAL ELECTION AWARENESS:: result

:: NATIONAL CLIENT COUNSELING COMPETITION 2011::

:: EGYPT'S REVOLUTION 2011 :: Hosni Mubarak has resigned

End of Mubarak rule isn’t end of problem

:: SRC 2010/2011 GENERAL ELECTION AWARENESS::

ATTENTION:

IIUM 2ND SEMESTER - GUEST LECTURES ON ARBITRATION

WELCOMING CEREMONY STUDENT EXCHANGE PROGRAMME 2011

Bar Council: Lack of legal representation troubling

A parliament where students can speak out

Lebanon: UN-backed court receives first indictment in Hariri assassination

Lebanon: UN-backed court receives first indictment in Hariri assassination

INTERNATIONAL CRIMINAL COURT (ICC)

About the Court:

ORGANISATION OF THE ISLAMIC CONFERENCE (OIC)

INTERNATIONAL COURT OF JUSTICE..

Jurisdiction:

Do We Have a New Criminal Procedure Code?

OPENING AIKOL FOOTBALL CHAMPIONSHIP (AFC'11)

Commentary: land belongs to public.

Legislations Update

Case of the week: Razali Samani v. PP

A bogus constitutional crisis

SRC'S ONLINE SURVEY: Regarding the new Academic Calendar Session 2011/2012 which the Semester 1 2011/2012 will be started on September 2011..

LAWSOC OPEN DAY LAWSOC 2010/2011

ATTENTION...

LAWSOC 2010/2011 line up..."MOLDING FUTURE LEGACY"

MOCK TRIAL..CFS PJ...

Alhamdulillah..praises to Allah... our trip to Sri Pentas for the Live Broadcast of Halaqah Tv9 was a blast. Special Thanks to Halaqah's crew for having us during the telecast as well as the Aikolians who attended the program. ilalliqa' :>

Alhamdulillah...now...we are officially Management Committees of Law Students' Society 2010/2011 AIKOL, IIUM

NOTICE...for Aikolian...

UPCOMiNG EVENT...for this week

Case of the week : Sashi Kumar Suppiah v. Timbalan Menteri Dalam Negeri Malaysia & Ors

Syariah judge gets 19 years’ jail

Buka lembaran baru perundangan IslamOleh Zainul Rijal Abu Bakarzainul.rijal@abubakar.my2010/12/27

ANNOUNCEMENT

CALENDAR

NEWS

SOURCE: http://www.iium.edu.my/browse#kulliyyah

Ahmad Ibrahim Kulliyyah Of Laws

PROGRAMS

FIRST PLACE: Can Non-Muslims be Shar'ie Lawyer?

SECOND PLACE: Can a Non-Muslim Be Sharie Lawyer?

Tiga tugas hakiki pendidik universiti
Oleh Shamrahayu A Aziz

2011/03/15

Buka lembaran baru perundangan Islam
Oleh Zainul Rijal Abu Bakar
zainul.rijal@abubakar.my
2010/12/27