Article 7 of the Convention on the Rights of the Child 1989 (CRC) obliges states to realize every child's right to acquire a nationality. Even though most human rights should be enjoyed by all persons, regardless of whether they have a nationality or not, in our modern world, nationality often operates as a legal or practical gateway to the enjoyment of other rights. Where a child lacks a nationality, this creates a situation of severe disadvantage and vulnerability. Statelessness undermines the enjoyment of childhood and the child's opportunity to develop to his or her full potential. Many stateless children are excluded from the benefits of education and are denied equal access to other rights. Such situation is definitely in contravention with the basic principle of best interest of the child as promulgated in Article 3 of the CRC. This paper addresses the extent of the rights of children in Malaysia to acquire nationality particularly in cases involving unregistered birth, illegitimate, foundling or abandoned child and where the immigration status of the parents is uncertain. This paper uses a qualitative data collection method where in-depth document analysis is carried out. Primary sources such as the Acts, Regulations, court orders and decision are scrutinized. On the other hand, secondary sources that are studied include international document reports from relevant websites, law reports, law reviews, legal periodical articles and newspaper reports. The paper is significant as it addresses crucial concerns raised in reference to the current laws relating to the protection of these children in Malaysia. The paper ends with some possible recommendations that may spur improvement to the present legislations towards achieving a sustainable future for the best interest of these children.
In 2016, the deaths of five children from diphtheria provoked an outcry among doctors and spurred calls for an edict by religious authorities to compel Muslim families to immunize their children. In relation to this issue, the Islamic Medical Association Malaysia (IMAM) has made a statement about a need to have the Malaysian children vaccinated as vaccination is proven to prevent infection. The association took a serious view of the recent cases of diphtheria, which had not appeared in Malaysia for a long time. What is more worrying is the fact that more children in Malaysia are falling victim to contagious diseases as parents reject immunization programs for fear the vaccines used infringe strict religious rules. In Islam, the stringent halal requirement can be waived if suitable vaccines are not available. By applying the principle of Islamic jurisprudence, although the vaccines contain a composition that is not permissible in Islam, for a reason of protection of health of children, it may be used for vaccination. There is an usuli principle of istihsan, which authorizes departure from an established ruling in favor of a different ruling as the latter is considered better on the basis of the Qur'an, Sunnah, Ijma', custom, necessity or maslahah. In this paper, Islamic legal research methodology is adopted. It involves a study of the relevant literature on the law (fiqh), the Qur'anic exegesis, the traditions of the Prophet Muhammad (hadith) and opinions of the four major schools of shariah relating to the principle of usul fiqh. The aim of this paper is to discuss the views of Muslim jurists on the application of istihsan as to whether or not vaccination and immunization should be made compulsory in order to protect the health of children in Malaysia.
The paper aims to discuss the application of the laws and the general understanding of cross-border marriages among Muslims in Malaysia. This socio-legal research used quantitative method and legal doctrinal research. The data have been obtained through the survey with 400 respondents, who have been practising cross-border marriage.The data have been analyzed using Statistical Packages Social Sciences(SPSS) version 22. Research shows that the practice of cross-border marriage among Muslims in Malaysia is caused by the lack of knowledge of those who have been practising cross-border marriages as well as the weaknesses of the implementation of the law. Apart from that, lack of enforcement agencies in Malaysia causes injustice for the parties especially women and children. This vulnerable parties will suffer in terms of social and legal effects. This article is a preamble to a more extensive study of the cross-border marriage which the findings will be useful for further enhancement of the current legal provisions in Malaysia. Contribution/ Originality: This study contributes in the existing literature about the understanding and protection to related parties of marriage especially the wives and children born to the marriage. The understanding will help in protecting themselves when they are in or outside the situation; i.e. it could assist them to survive through or to evade it. Thus, it is believed that this study could assist in solving such problems and conflicts that had not been resolved until this day. Golok, in Rantau Panjang. 2 Those who prefer to use the sea, there are boat and ferry services from Kuala Perlis to 1 Ibid.
Uncertainty of the COVID-19 outbreak serves an impact on mental health mainly among university students. This research seeks to identify the psychological impact and social support received among nursing students in UiTM Puncak Alam during COVID-19. A cross-sectional study used DASS-21 and the Impact on Social and Family Support questionnaire among 114 nursing students. Students' anxiety (2.10 ± 1.20) was higher, followed by depression (1.50 ± 0.73). Participants reported receiving substantial social support, especially from family members (1.30±0.46). In conclusion, half of the participants showed the psychological impact; however, there was an increase in social support during the COVID-19 outbreak. Keywords: psychological impact; social support; nursing students; COVID-19 eISSN: 2398-4287© 2021. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians/Africans/Arabians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v6i18.3060
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