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Papers by kamilah mohd
Procedia - Social and Behavioral Sciences, 2014
Malaysian journal of syariah and law, Sep 11, 2023
Environment-Behaviour Proceedings Journal
In Malaysia, land fraud continues to be a risk to landowners. Unfortunately, current legal redres... more In Malaysia, land fraud continues to be a risk to landowners. Unfortunately, current legal redresses are insufficient to protect the interests of the land fraud victims. This research explores the need to introduce a compensation scheme as part of the Torrens system in Malaysia to provide statutory monetary compensation to land fraud victims. This paper employs library-based doctrinal study and comparative legal analysis. This research resolves that a compensation scheme should be established as one of the risk mitigations measures in facing land fraud.
INSLA E-Proceedings, Dec 31, 2020
UUM Journal of Legal Studies, 2021
The Orang Asli group forms a minority community in Peninsular Malaysia, whose livelihood mostly d... more The Orang Asli group forms a minority community in Peninsular Malaysia, whose livelihood mostly depends on their land and the surrounding area. Dispute over customary land rights of Orang Asli has been continual in Malaysia although Malaysian Courts, in several cases, have upheld the Common Law rights of Orang Asli to their customary lands. This poses a challenge to some Orang Asli communities and State Governments. Based on focus group discussion, profiling survey, and library research methods, this paper analyses the land rights of Orang Asli in Peninsular Malaysia, by placing focus on Orang Asli in Kampung Parit Gong, Jelebu, Negeri Sembilan. The findings indicate that the Kampung Parit Gong Orang Asli community has been strictly adhering to the customs of ‘adat perpatih’ since yesteryears, and that they highly value the land, both through usage of land and by inheritance. Several important concerns were raised by the Orang Asli in Kampung Parit Gong, particularly on the security...
INSLA E-Proceedings, Dec 31, 2020
IslamicJinance industry is one of the fastestgrowing components of theglobal Jinance. The sustain... more IslamicJinance industry is one of the fastestgrowing components of theglobal Jinance. The sustainable growth of the IslamicJinance industry cannot be achieved without a comprehensive legal andjudicialJlamework. An eficient legalji-amework for IslamicJinance in any jurisdiction would requires three basic elements namely enabling laws and regulations, enforceability of Islamic Jinancial contract and appropriate dispute resolution mechanism. The objective of this paper is to discuss the possibility of lslamic finance industry moving towards alternative dispute resolution mechanism in particular the arbitration as forum for disputes settlement. This is due to the growing concern among industry players and public consumers that dispute resolutions by way of reference to the civil court will result in less than satisfactory decisions in terms of Shariah compliance.
Faculty of Law, UKM, Dec 24, 2020
One of the common features of the Torrens land registration system is that it provides compensati... more One of the common features of the Torrens land registration system is that it provides compensation scheme to indemnify all persons who are deprived of their land or suffered loss from the malfunction of the system. Nevertheless, the compensation scheme has been absence from the Malaysian Torrens system since it’s inception. The question is whether non-adoption of the compensation scheme in the land registration system would render the system defect and detrimental to the user of the system? If so, then there is an urgent need to review the lacuna in the existing land registration system. This paper examines the rationale behind the compensation scheme and the necessity for such scheme to be adopted as a backstop to the state guaranteed title. This paper suggests that a statutory compensation scheme is to be established in the Torrens system in Peninsular Malaysia if the system is to remain effective and relevant in the 21 st century.
Procedia - Social and Behavioral Sciences, 2014
Malaysian journal of syariah and law, Sep 11, 2023
Environment-Behaviour Proceedings Journal
In Malaysia, land fraud continues to be a risk to landowners. Unfortunately, current legal redres... more In Malaysia, land fraud continues to be a risk to landowners. Unfortunately, current legal redresses are insufficient to protect the interests of the land fraud victims. This research explores the need to introduce a compensation scheme as part of the Torrens system in Malaysia to provide statutory monetary compensation to land fraud victims. This paper employs library-based doctrinal study and comparative legal analysis. This research resolves that a compensation scheme should be established as one of the risk mitigations measures in facing land fraud.
INSLA E-Proceedings, Dec 31, 2020
UUM Journal of Legal Studies, 2021
The Orang Asli group forms a minority community in Peninsular Malaysia, whose livelihood mostly d... more The Orang Asli group forms a minority community in Peninsular Malaysia, whose livelihood mostly depends on their land and the surrounding area. Dispute over customary land rights of Orang Asli has been continual in Malaysia although Malaysian Courts, in several cases, have upheld the Common Law rights of Orang Asli to their customary lands. This poses a challenge to some Orang Asli communities and State Governments. Based on focus group discussion, profiling survey, and library research methods, this paper analyses the land rights of Orang Asli in Peninsular Malaysia, by placing focus on Orang Asli in Kampung Parit Gong, Jelebu, Negeri Sembilan. The findings indicate that the Kampung Parit Gong Orang Asli community has been strictly adhering to the customs of ‘adat perpatih’ since yesteryears, and that they highly value the land, both through usage of land and by inheritance. Several important concerns were raised by the Orang Asli in Kampung Parit Gong, particularly on the security...
INSLA E-Proceedings, Dec 31, 2020
IslamicJinance industry is one of the fastestgrowing components of theglobal Jinance. The sustain... more IslamicJinance industry is one of the fastestgrowing components of theglobal Jinance. The sustainable growth of the IslamicJinance industry cannot be achieved without a comprehensive legal andjudicialJlamework. An eficient legalji-amework for IslamicJinance in any jurisdiction would requires three basic elements namely enabling laws and regulations, enforceability of Islamic Jinancial contract and appropriate dispute resolution mechanism. The objective of this paper is to discuss the possibility of lslamic finance industry moving towards alternative dispute resolution mechanism in particular the arbitration as forum for disputes settlement. This is due to the growing concern among industry players and public consumers that dispute resolutions by way of reference to the civil court will result in less than satisfactory decisions in terms of Shariah compliance.
Faculty of Law, UKM, Dec 24, 2020
One of the common features of the Torrens land registration system is that it provides compensati... more One of the common features of the Torrens land registration system is that it provides compensation scheme to indemnify all persons who are deprived of their land or suffered loss from the malfunction of the system. Nevertheless, the compensation scheme has been absence from the Malaysian Torrens system since it’s inception. The question is whether non-adoption of the compensation scheme in the land registration system would render the system defect and detrimental to the user of the system? If so, then there is an urgent need to review the lacuna in the existing land registration system. This paper examines the rationale behind the compensation scheme and the necessity for such scheme to be adopted as a backstop to the state guaranteed title. This paper suggests that a statutory compensation scheme is to be established in the Torrens system in Peninsular Malaysia if the system is to remain effective and relevant in the 21 st century.