Abdullah, Nurhidayah
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Critical Insights into Gig Economy: A Peninsular Malaysia Case Study Abdullah, Nurhidayah; Mohd Ismail, Maria; Huzni Murad, Muhammad Syariqul; Jusoff, Kamaruzaman; Kurniawan, Faizal; Salah, Mohammed
Jambe Law Journal Vol. 7 No. 2 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i2.460

Abstract

The rise of the gig workers has transformed the employment landscape, presenting both opportunities and challenges for workers globally. It has disrupted the traditional meaning of ‘employee’ with ambiguous and complex aspects, especially gig workers’ status. Practically, gig workers are individuals working under a contract for service with flexibility and independence elements that give them a sense of autonomy in performing their work. This study delves into the specific case of Peninsular Malaysia, investigating the issues and challenges gig workers face in the thriving market. The research adopts both library research and qualitative research methods, including interviews using a semi-structured approach. A total of 10 respondents were interviewed using a semi-structured method. The findings revealed that the challenges dwell in the issues of gig workers, which require high-time intervention of governance, policies, and legislation; there is still no definition of gig workers. There is a lack of social protection, an absence of employment contracts, an absence of price regulatory control, poor operational services, a gap between platform owners and the government, and a piecemeal institutional framework. Hence, this study offered recommendations on how to improve the enforcement.  
The Application of Maqasid Shariah in Takaful for The Protection of Unsecured Creditors Ossofo, Assane Buana; Abd Aziz, Hartinie; Abd Ghadas, Zuhairah Ariff; Remli, Norizan; Abdullah, Nurhidayah; Mohiddin, Mas Nooraini
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.384

Abstract

This paper proposes expanding the concept of “Musibah” (calamity) and misfortune within the Takaful framework in Malaysia to encompass financial distress scenarios, such as compulsory winding up due to a court’s order. This expansion seeks to protect unsecured creditors, a group currently vulnerable to such events. In examining the current limitations of Takaful, the study identifies significant gaps in coverage that leave unsecured creditors exposed to financial risks. The current application of Takaful, primarily covering accidents and disasters, is scrutinized for potential extension to unforeseen financial calamities. By applying the principles of Maqasid Shariah, this study explores the transformative potential of Takaful as a mechanism for broader economic security and justice. Through qualitative methods and a critical review of existing Takaful practices, this research underscores the urgent need to reevaluate the operational frameworks to effectively protect unsecured creditors. This proposed expansion aligns with the core principle of mutual assistance and risk sharing in Shariah, thus enhancing the resilience and inclusivity of the Islamic financial system in Malaysia
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.