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A mission with a clear vision: eliminating the problems of public policy in the Malaysian Contracts Act 1950

Public policy in the Malaysian Contracts Act 1950 have caused much debate among the judges in Malaysia. The underlying problem is due to the fact that the provision in the Act itself has failed to lay down a proper legal framework as to what agreements are against public policy. As a short term solu...

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Main Authors: Kho, Feng Ming, Asma Hakimah Ab Halim,, Sakina Shaik Ahmad Yusoff,
Format: Article
Language:English
Published: Penerbit Universiti Kebangsaan Malaysia 2018
Online Access:http://journalarticle.ukm.my/13012/1/29432-92941-1-PB.pdf
http://journalarticle.ukm.my/13012/
http://ejournal.ukm.my/juum/issue/view/1163
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spelling my-ukm.journal.130122019-05-23T21:31:55Z http://journalarticle.ukm.my/13012/ A mission with a clear vision: eliminating the problems of public policy in the Malaysian Contracts Act 1950 Kho, Feng Ming Asma Hakimah Ab Halim, Sakina Shaik Ahmad Yusoff, Public policy in the Malaysian Contracts Act 1950 have caused much debate among the judges in Malaysia. The underlying problem is due to the fact that the provision in the Act itself has failed to lay down a proper legal framework as to what agreements are against public policy. As a short term solution to curb these uncertainties in the law, the judges in Malaysia have adopted different trends in adjudication and this in turn contributed to inconsistencies in the law, a phenomena not commonly practiced in the common law system. This article seeks to propound that Malaysia should establish a proper legal framework to regulate contracts which are against public policy. As Malaysia is advancing towards as a holistic hub in Islamic banking and finance, perhaps adopting the maqasid al-shari’ah as a framework of regulation can be a useful starting point, bearing in mind that transposing case laws from other jurisdictions may not be the long term solution. Penerbit Universiti Kebangsaan Malaysia 2018 Article PeerReviewed application/pdf en http://journalarticle.ukm.my/13012/1/29432-92941-1-PB.pdf Kho, Feng Ming and Asma Hakimah Ab Halim, and Sakina Shaik Ahmad Yusoff, (2018) A mission with a clear vision: eliminating the problems of public policy in the Malaysian Contracts Act 1950. Jurnal Undang-Undang dan Masyarakat, 23 . pp. 1-8. ISSN 1394-7729 http://ejournal.ukm.my/juum/issue/view/1163
institution Universiti Kebangsaan Malaysia
building Perpustakaan Tun Sri Lanang Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Kebangsaan Malaysia
content_source UKM Journal Article Repository
url_provider http://journalarticle.ukm.my/
language English
description Public policy in the Malaysian Contracts Act 1950 have caused much debate among the judges in Malaysia. The underlying problem is due to the fact that the provision in the Act itself has failed to lay down a proper legal framework as to what agreements are against public policy. As a short term solution to curb these uncertainties in the law, the judges in Malaysia have adopted different trends in adjudication and this in turn contributed to inconsistencies in the law, a phenomena not commonly practiced in the common law system. This article seeks to propound that Malaysia should establish a proper legal framework to regulate contracts which are against public policy. As Malaysia is advancing towards as a holistic hub in Islamic banking and finance, perhaps adopting the maqasid al-shari’ah as a framework of regulation can be a useful starting point, bearing in mind that transposing case laws from other jurisdictions may not be the long term solution.
format Article
author Kho, Feng Ming
Asma Hakimah Ab Halim,
Sakina Shaik Ahmad Yusoff,
spellingShingle Kho, Feng Ming
Asma Hakimah Ab Halim,
Sakina Shaik Ahmad Yusoff,
A mission with a clear vision: eliminating the problems of public policy in the Malaysian Contracts Act 1950
author_facet Kho, Feng Ming
Asma Hakimah Ab Halim,
Sakina Shaik Ahmad Yusoff,
author_sort Kho, Feng Ming
title A mission with a clear vision: eliminating the problems of public policy in the Malaysian Contracts Act 1950
title_short A mission with a clear vision: eliminating the problems of public policy in the Malaysian Contracts Act 1950
title_full A mission with a clear vision: eliminating the problems of public policy in the Malaysian Contracts Act 1950
title_fullStr A mission with a clear vision: eliminating the problems of public policy in the Malaysian Contracts Act 1950
title_full_unstemmed A mission with a clear vision: eliminating the problems of public policy in the Malaysian Contracts Act 1950
title_sort mission with a clear vision: eliminating the problems of public policy in the malaysian contracts act 1950
publisher Penerbit Universiti Kebangsaan Malaysia
publishDate 2018
url http://journalarticle.ukm.my/13012/1/29432-92941-1-PB.pdf
http://journalarticle.ukm.my/13012/
http://ejournal.ukm.my/juum/issue/view/1163
_version_ 1643738954032218112
score 13.211869

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