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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum
Mohamad Ismail Bin Mohamad Yunus
International Islamic University Malaysia (IIUM)
Law, Crime, Criminology & Criminal Justice

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Good Governance According to Islamic Perspective Mohamad Ismail Bin Mohamad Yunus
Fiat Justisia: Jurnal Ilmu Hukum Vol 11 No 3 (2017)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v11no1.696

Abstract

The objectives of the professional agencies must embody provisions that promote good governance and embrace values of integrity and accountability and seek support from the public and the government of the day to provide an independent view on all matters. The universal truth is that everything should be done in the public good. Professionals form the backbone of human infrastructure in any economy, politics, social and legal growth. Their contributions through professional performance enhance the good delivery system that facilitates policies making and management for public sector. They provide the skills and talent in balancing the pursuits of maximization of services. The expression “good governance” has constantly been used lately in both public sector as well as private sector in Malaysia. In the context of a private body, it should be within the framework of the statute, which governs the body and also its constitution. In the public sector, it means that the administrators should act professionally and not to abuse or misuse the power or authority given to them. They are regarded as the trustees of the public at large. The scope of this article is on good public governance in the public sector or to be exact, good governmental administration as interpreted by the judiciary especially through its judicial review power and Islamic Perspective based on the principles of Maqasid As Shariah (Objectives of Islamic Law). Keywords: Good Governance, Public Sector, Malaysian Law, Islamic Perspective, Maqasid As-Shariah.
Restorative Model: the Alternative Justice Response to the Victims of Sexual Violence Mohamad Ismail Bin Mohamad Yunus
Fiat Justisia: Jurnal Ilmu Hukum Vol 11 No 1 (2017)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v11no1.741

Abstract

It is seen there is no proper repositioning of the victims of sexual crimes since the process of contrarian justice is only concerning the sexual offender. Alternative justice models for victims of sexual crimes by involving them in the judiciary process result is necessary to do. However, there is a command from the court for an offender in indemnification though recompensing judgment by Criminal Procedure Code is legitimated. Examining compensation for the victim and urging a legitimated system as alternative justice models for sexual criminal crimes are the aims of this study. The legitimated system as alternative justice which will be recommended in this article is mechanism suitable for justice administration in Malaysia. Through recompensing as well as indemnification, it is considered as a model that can make an impact in restorative justice as the response of alternative justice. Victim Compensation Scheme (VCS) is aimed to be formed and applied with the control of the Criminal Procedure Code too. Keywords: Response of Alternative Justice, Sexual Force Victims
The Position and Application of Islamic Legal Maxims (Qawaaid Al-Fiqhiyyah) in the Law of Evidence (Turuq Al-Hukmiyyah) Mohamad Ismail Bin Mohamad Yunus
Fiat Justisia: Jurnal Ilmu Hukum Vol 13 No 1 (2019)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v13no1.1479

Abstract

The Position and Application of Islamic Legal Maxims (Qawaaid Al-Fiqhiyyah) in the Law of Evidence (Turuq Al-Hukmiyyah)Islamic legal maxims had always held and will continue to hold a special position in jurisprudence. Jurists of all schools generally accept legal maxims as a basis of coming up with Shariah opinions. This is especially true if these maxims are based on the Holy Quran and the Prophetic traditions. Legal maxims can be used as evidence in extracting rules if it is based on the Holy Quran and the Sunnah because its use is an extension of the original proof, and thus, this article will relate some of the important legal maxims relating to the law of evidence. 
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