Qarinah is a kind of evidence which could be tendered in syariah courts' during trials. Syariah scholars and academicians have long acknowledged and recognized the unique and important role played by qarinah in syariah court proceedings. General acceptance, relevancy and admissibility of qarinah evidence have become the catalyst for admissibility on DNA evidence within the syariah legal fraternity. Amidst the relevancy and admissibility of DNA evidence under the current syariah legal provisions, ongoing debates on its application are brewing among contemporary academicians. Indeed, these debates stems from current legal provisions which are still underdeveloped. This article examines the admissibility of qarinah as well as DNA evidence in the light of the relevant provisions under the Malaysian Syariah Court Evidence Enactment. The research on which this article is based is qualitative and doctrinal in nature. All materials and information are analyzed through methodologies of content analysis and critical analysis. The article then looks into lacunas and gaps in the Malaysian Syariah Court Evidence Enactments as well as the Syariah Criminal Procedures Enactments and suggests on how to improve them.
Part IXA of the Strata Titles Act 1965 ("STA") provides for the establishment of the Strata Titles Board ("STB"). STB is given the mandate to exercise quasi-judicial functions with regards to matters relating to multi storey buildings. The rationale for establishing the STB is to protect the interest of the parcel owners. However, the STB shall be abolished with the proposed enactment of the Strata Management Act 2013 ("SMA"). In line with Section 102 of the new Strata Management Act, the STB will be replaced with the Strata Management Tribunal ("SMT") in accordance with Part XI of the SMA. In theory, it is anticipated that the establishment of the SMT will address the strata titles management disputes particularly with regards to the failure on the part of the parcel owners to pay maintenance fees and issues on the election of their committee members. The aimed of this paper is to discuss the SMT in accordance with Part XI of the SMA with comparison to the STB, Singapore and the three (3) tiered dispute resolution processes in New South Wales, Australia. The objective of this paper is to see whether the provisions in SMA with regards to the establishment of the SMT is comparatively sufficient as provisions in the legislations of Singapore and New South Wales, Australia to address the strata titles management disputes. The research method used in writing up this paper is the qualitative research in which it will rely on the analysis of the relevant statutes, rules, regulations, books, journals, articles, thesis, seminar papers, electronic materials and various newspaper reports. The finding of this paper is that the provisions of the SMA regarding the establishment of the SMT together with the regulations to regulate the SMT may be sufficient to resolve the strata titles management disputes in a more expedient manner. It is hoped that any disputes shall be resolved more timely and efficiently with minimal costs since the parties in dispute can submit a case or claim before the SMT since not all matters may necessarily be taken to court in order for it to get resolved.
Contribution/Originality: This study contributes in the existing literature in focusing on some of the views on management from the Islamic perspective which can be adapted in the management of multi storey development in Malaysia. However, there has been no direct principle that demonstrates management of stratified properties from the Islamic perspective. 1. INTRODUCTION In Malaysia, various activities are involved in stratified property management. Among these activities are obtaining and maintaining of the strata titles, negotiating tenancies and their terms and conditions, establishing a proper tenant mix through tenant selection, optimising the income from the property, maximising the capital value in the process, exploring the merger of interests with adjacent properties where possible, recognising opportunities for development potential where possible, maximising the occupancy rate of the complex, determining the rents, outgoings, service charges, implementing letting strategies, implementing advertising, promotional and publicity
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