Islamic financial institutions had face problems and barriers such as the problem of delayed financing settlement (for any reason), where it is not possible to impose any interest due to the delay or the cessation of settlement which practiced in conventional banks due to riba’ prohibited (haram) in Shariah principles. This situation is more detrimental when some customers who purposely delay payment of their debts or purposely refuse to pay due to the absence of rules concerning penalty for late payment in Islamic banks. As a result, the Islamic banks had fail to achieve their targeted profits when the problem of debt payment occurs, the Islamic banks have to bear all the losses and finally face difficulties in achieving sustainability and lose out in their efforts to compete with the conventional banks which accept time-based interest for every default late payments of debts. This study aims to discuss the permissibility of late payment charges by way of ta’widh and gharamah from the Shariah perspective and to find the applicable law in Malaysia. Besides, the implementation of ta’widh and gharamah can be described as in the resolutions of the Shariah Advisory Council of Bank Negara Malaysia (SAC). Further, it will elaborate on how related this late payment charges with the concepts of Shariah, Maqasid of Shariah and Maslahah according to judgement of the fundamentals of the Islamic Jurispendence. Lastly, it will also discuss on how the imposition of ta’widh and gharamah is different from riba for deferred debts in Islamic financial institutions.
For ages, it has been proven that vaccines are among the most effective tools in preventing infectious diseases from spreading in the population of human beings. The result of high immunization coverage is the drastic deteriorations in vaccine-preventable diseases. Hence, it is indeed disturbing to see the report by Ministry of Health that the number of cases of parents refusing vaccination for their children is escalating, for an example, measles and pertussis cases to rise. Whether these parents realized it or not, they had denied the right of their children to be vaccinated against preventable diseases that had been in control all this while because of vaccines, and more, jeopardizing the public health as well. For this reason, the Ministry of Health has contemplated making vaccination compulsory for children as to protect them against preventable diseases and for the benefit of the society as a whole. This article discusses the extent of the regulations that may be implemented. Therefore for the purpose of this article, the scrutinization of vaccination law as implemented in California will be referred. At the end of this article, some recommendations are proposed in relation to the realization of legislation of vaccination regulations that may be implemented by the government, hopefully soon. This article employs a doctrinal analysis and secondary data from academic journals and online databases.
The spread of the COVID-19 virus has been halted partially due to the vaccination program around the globe. However, such initiation has been actively under attack by a portion of society that believes vaccination is not the way out of the pandemic. A similar notion of anti-vaccine has slipped through Malaysia, particularly in the education sector, as they refuse to be vaccinated. This has been contributed by the lack of legal provision that regulates vaccination in Malaysia. Based on the literature and scientific data on the effectiveness of vaccination programs in curbing the spread of COVID-19, this paper aimed to weigh the legal argument on the possibility of imposing mandatory COVID-19 vaccination in Malaysia’s education sector to eradicate this deadly disease virus permanently. This paper embarked on a comparative, doctrinal analysis methodology where secondary data were collected and analysed. Literature from primary and secondary sources such as the laws, guidelines, textbooks, journal articles, government reports, newspaper articles, and online sources from multiple jurisdictions was analysed. The outcome of such analysis is laid down in a narrative design in highlighting the importance of mandatory vaccination within the education sector. This paper proposed hard and soft approaches on imposing mandatory vaccination programs within the education sectors in Malaysia is highly recommended, considering that the benefits of vaccination outweigh the risk of eradicating COVID-19 in Malaysia.
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