Indigenous communities often pride themselves on their artistic handicrafts that come in various forms and are usually unique to the communities themselves. These handicrafts are part of their traditional cultural expressions and demonstrate their knowledge and intellectual inputs that have been passed down through many generations. Since specific tribal communities are producing special, innovative, and distinctive handicrafts, these should logically and ideally be protected as geographical indications (GIs) and allow them to reap the benefits. However, due to some uncertainties and since the international jurisprudence on GI is still in the development stage, the position on GIs has not been extended to handicrafts per se in Malaysia. Taking the Pua Kumbu handicraft weave as a case study, this study, using legal research methodology, has explored the different intellectual property mechanisms in place to accord protection to traditional cultural expressions. By examining the provisions of international legal instruments and best practices from other countries such as Indonesia and New Zealand, this study proposes suggestions for a sui generis regime that can be incorporated and modified to suit the Malaysian landscape, thus offering some options and avenues of thoughts for the policymakers to create a comprehensive protection system for traditional cultural expressions in the country.

Wearing a hijab is a personal, voluntary choice of Muslim women of their own free will, motivated by personal piety of being identified as a Muslim. Muslim women should not be deprived of wearing the hijab, as this will impede their fundamental rights to manifest their religion and constitute indirect discrimination on the grounds of religion where everyone should be treated equally before the law, regardless of their gender, religion, race, color of their skin or language. Muslim women's freedom to wear the hijab is enshrined in numerous human rights provisions recognized by several international legal instruments and fundamental rights in countries' constitutions as the freedom to practice one's religion. According to Articles 14, 25, and 25(1) of the Indian Constitution, there is freedom of conscience and the right to freely profess, practice, and propagate religion. This paper aims to investigate the position of the hijab worn by Indian Muslim women and controversies raised during the present time.

The notion of tasarruf fudhuli (disposition of unauthorised agency, hereafter referred to as 'unauthorised agency') in Islamic financial institutions (IFIs) has invoked an ongoing debate among shariah scholars and Muslim economists alike. Some perceive its application in IFIs as a violation of the general axiom of wealth protection that prohibits the encroachment of another's property as an important aspect of the protection of lawfully-owned property. On the other hand, many assert that the ratification feature under the concept attracts product innovation and offers flexibility to IFIs to rectify transactions involving the issue of unauthorised agency.

Classical Muslim jurists held diametrically opposed views on the legitimacy of unauthorised agents. The Hanbali school and the renewed fatwa of the Shafi'i school (qawl jadid) held that unauthorised agency is null and void. However, the Hanafis and Malikis consider it valid, its effectiveness only suspended (mawquf) contingent upon ratification by the person for whom the contract is intended. Once ratification occurs, the act becomes conclusively valid and all the legal effects that the shariah has assigned to it are established.

Introduction

In the construction industry, practical completion marks one of the most important milestones in the construction contract. Generally, upon practical completion, a series of rights and obligations under the contract are triggered as a result. It is common to see that upon the issuance of the Certificate of Practical Completion, the site possession is handed over from the contractor to the employer, the first moiety of the retention sum is released, the contractor's liability to pay Liquidated Ascertained Damages ends, and the commencement of the Defects Liability Period occurs. This is by no means an exhaustive list and various other rights and obligations can equally become the focal topic at issue. Thus, it is no coincidence that whether practical completion exists or not is often a hotbed of a dispute by parties under a construction contract.

This article will explore the meaning of practical completion where the construction contract is silent on the matter and therefore, its meaning and scope are left to the courts to determine.

AUSTRALIA
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Dismissal of worker due to unforeseen health situation was ‘harsh, unjust and unreasonable’
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MALAYSIA
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MALAYSIA
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