The duty of medical confidentiality has been one of the core duties of medical practice as information created, disclosed, acquired directly or indirectly during the doctor-patient relationship is considered confidential and requires legitimate protection. Further, preserving confidentiality on the premise that the relationship between doctor and patient has been built on trust and confidence renders the duty to be seen as sacrosanct. The source for this duty can be found not only in the Hippocratic Oath, codes of ethics, religious tenets but also in the common law, principles of equity and statutory provisions. Nevertheless, technological advancements and the growth of social networks have contributed to the difficulties in preserving confidentiality as the information gathered tends to become vulnerable in unsecure environments. However, the duty of medical confidentiality is by no means absolute as it can be breached in situations in which there are stronger conflicting duties. This article discusses the rules governing the duty of medical confidentiality and the exceptions in which infringements to this duty become justified. It also gives an overview of the duty of confidentiality under Islamic law. It concludes that the inviolability of this duty may be without doubt but circumstances warranting its disclosure are crucial to serve the interests of justice.
Zakat is one of the five pillars of Islam, obligatory upon human beings who believe in Allah and His Messenger (PBUH). It refers to the determined share of wealth prescribed by Allah as an act of worship to be distributed to a certain group of beneficiaries (al-Asnaf). The consideration of its great objectives (al-Maqasid) in Islam, among others, public interest and social justice to the Muslim society influences contemporary Muslim jurists to uphold the obligation of companies to pay zakat as issued in their fatwas and resolutions. In Malaysia, several fatwas and resolutions issued by the religious fatwa councils clearly impose this religious obligation on the corporations as their business zakat (Urudh al-Tijarah) which are legally registered under the Companies Act 2016. This paper discusses the obligation of companies to pay zakat from Malaysian law and Shariah perspectives. It aims to analyze whether it is legally viable for corporations registered under the Companies Act 2016 which adopts the English common law to be obligated to pay zakat. The finding shows that the current legal structure of a corporation does not conform to the Shariah principles in relation to zakat obligation. It demands certain modifications to the current framework and hence, the current fatwas in imposing zakat on the corporations in Malaysia are proposed to be reviewed and revisited. Research methodology applied in this paper is doctrinal and statutory analysis.
Abstrak-Al-Shura or consultation is an instrument for reconstruction and reform, mentioned in the Qur'an and suggested in the practices of the Prophet and his Companions Muhammad (PBUH) Generally, it is a tool used by Muslim scholars and rulers or caliphs in arriving a decision or ruling on particular matters or issues relating to the affairs of Muslims. However, there is a little discussion on the applicability of shura in business matters. In developing the framework of shariah corporation, there are few aspects that need to be scrutinized such as legal personality, principle of limited liability, registration of a company and the like. Other than that, board's decision making is another important structure to be analyzed in order to ensure its operation is shariah-compliant. In normal process in the company, the decision making had been done without collectively. This article discusses the concept of shura in Islam and why it should be applied in companies to promote shariahcompliant practices; especially those which carries out Islamic businesses. In this respect, this paper aims to highlight the role of siyasah syari'yah in promoting the practices of shura in corporate structure.
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