14/3/2018 1 Comment Mediation in the Syariah Courts:An Empowering Alternative for Amicable Resolution in Syariah DisputesMediation in Islam (Sulh) is an ancient idea but it is still relevant to our current needs. Image credits: https://farnfields.com/services-for-you/family-mediation/ I. INTRODUCTION
Mediation, also known as Sulh or Wasaatah in classical Islamic text, is not a foreign concept in the Islamic legal system as sources of Islamic law have consistently encouraged the endeavour for amicable settlement. In promoting peaceful conflict resolution, Muslim scholars have introduced approaches that are both systematic and fact sensitive.
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10/3/2018 1 Comment The Spy Who Testifies - Quantum of Corroboration in Cases Involving Agent ProvocateursDoes an agent provocateur need to be corroborated under the law? I. Introduction
Does Malaysia have an intelligence agency like the CIA or MI6? States usually have their own method of operative centre for matters of intelligence and espionage. What if James Bond was an agent of our own intelligence agency? He would most certainly be an agent provocateur, or in other words, a spy, and not merely an informer. That being said, let there be a hypothetical situation in which Mr Bond and friends were to fumble and be called in the Malaysian courts – does Mr Bond then require corroboration for the evidence given during his testimony before the court? Surely this has never happened in the British film series – having the greatest spy of all times to testify in court as a botched operation always gets concealed in the end. However, in reality, case laws have established on whether it is necessary to corroborate an agent provocateur and an informer. This article provides a comparative analysis of the legal positions in the jurisdictions of Malaysia, United Kingdom and Singapore. |
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