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All Journal Jurnal Media Hukum PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Jurnal Ilmiah Peuradeun Jambe Law Journal Yuridika
Abd Ghadas, Zuhairah Ariff
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Yuridika

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Limited Liability in Corporate Group: A Critical Examination under Common Law and Shariah in Malaysia Ramli, Nazri; Abd Ghadas, Zuhairah Ariff; Abd Aziz, Hartinie
Yuridika Vol. 40 No. 1 (2025): Volume 40 No 1, January 2025
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v40i1.45362

Abstract

Limited liability is a default rule in company law that protects shareholders from shifted-business risk in a company to external parties. Its application in the corporate group setting is heavily criticized for causing harm to the subsidiary’s creditors particularly. While this rule is proposed to be refined due to its rigidly unreasonable privilege and lack of justice, it becomes more complicated where the Shariah-compliant businesses have adopted this rule as their corporate structure. Despite this, the Malaysian company law recognizes the distinct legal personalities of entities within corporate group regardless their businesses are typically operated as a single entity. Contrastingly, limited liability is not established in Islamic business entities like sharikah (partnership) because the latter entails a single entity premised on a sharing-business risk among the partners. The study undertakes doctrinal analysis to examine the application of limited liability in corporate group under the Malaysian company law and compare it with the Shariah principles of sharikah. The study relies on the library-based research in collecting and gathering the data to support this methodology. The paper proposes to show whether the conventional rule of limited liability could be directly applied to group of companies operating Shariah-compliant businesses which supposedly comply its corporate structure with sharikah. The paper concludes that such direct application is untenable due to different natures and business structures. Examining this comparison is substantial to explore the essential of forming a new business model for Shariah-compliant corporate groups structured based on sharikah principles.
Legal Protection for Gig Workers: A New Business Imperative in the Transportation Sector Abdullah, Nurhidayah; Murad, Muhammad Syariqul Huzni; Kunhibava, Sherin; Mahdzir, Nazli; Abd Ghadas, Zuhairah Ariff
Yuridika Vol. 40 No. 3 (2025): Volume 40 No 3 September 2025
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v40i3.59161

Abstract

Studies on the gig economy and the legal status of its workers have proliferated in recent years. However, there is still much to be learned about how to regulate this relatively new job market. The government has made efforts to support e-hailing and p-hailing workers, particularly regarding social security. For example, they introduced a voluntary contribution plan under the Employees' Provident Fund for retirement savings and the Self-Employment Social Security Scheme, which offers some protections for work-related injuries. Despite these efforts, they appear to be insufficient and ineffective due to the absence of an appropriate regulatory body overseeing these workers' issues. This article argues for the imperative need for a governing legal framework to address e-hailing and p-hailing workers' rights and prevent Platform Providers from exploiting workers' livelihoods due to the absence of laws. The research employs both doctrinal and qualitative research methods, including interviews using a semi-structured approach. A total of 10 respondents were interviewed for this research. The findings suggest that a solid legal framework, including specific laws and regulatory bodies, is essential to govern the e-hailing and p-hailing ecosystem.
Co-Authors Abd Aziz, Hartinie Abdullah, Nurhidayah ANDI MUHAMMAD ASWIN ANAS Ghapa, Norhasliza Haque, Mahbubul Kunhibava, Sherin Mahdzir, Nazli Makhtar, Maheran Md Radzi, Mohd Shahril Nizam Mohd Ariffin, Rabiatul Adawiyah Mohiddin, Mas Nooraini Murad, Muhammad Syariqul Huzni Ossofo, Assane Buana Ramli, Nazri Razak, Farihana Abdul Remli, Norizan