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Human trafficking: the international, Malaysian legal framework and Shariah perspectives

Slavery and forced labour have been accepted to be against humanity. These practices are expressly prohibited by the Federal Constitution in Malaysia. Although the prohibition of human trafficking is not expressly mentioned in the Constitution, it could be regarded as one of the most heinous cr...

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Main Authors: Abddul Hamid, Zuraini, Mokhtar, Khairil Azmin
Format: Article
Language:English
Published: International Islamic University Malaysia 2013
Subjects:
K Law (General)
Online Access:http://irep.iium.edu.my/43749/1/105-356-1-SM.pdf
http://irep.iium.edu.my/43749/
http://journals.iium.edu.my/iiumlj/index.php/iiumlj/index
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spelling my.iium.irep.437492019-06-11T02:15:02Z http://irep.iium.edu.my/43749/ Human trafficking: the international, Malaysian legal framework and Shariah perspectives Abddul Hamid, Zuraini Mokhtar, Khairil Azmin K Law (General) Slavery and forced labour have been accepted to be against humanity. These practices are expressly prohibited by the Federal Constitution in Malaysia. Although the prohibition of human trafficking is not expressly mentioned in the Constitution, it could be regarded as one of the most heinous crimes according to the letter, intent and spirit of the constitution. This is related to the fact that human trafficking is much associated with modern day slavery and therefore is against the ideology of the Malaysian nation and acceptable norms of the international community and Islamic law and Shariah values. The paper will explore the available international human rights and the laws governing human trafficking in Malaysia. The research is based on the current situation and cases of human trafficking in Malaysia. By understanding and observing these, it will help to conclude that trafficking has violated human rights and governing laws in Malaysia. The paper also looks at Islamic law perspectives on human trafficking, and to a certain extent, the stand taken by Muslim countries on the issue. The paper is mainly a conceptual and doctrinal discussion combined with critical legal analysis of certain laws in Malaysia. It will also involve some comparative elements with some Muslim countries where necessary. International Islamic University Malaysia 2013 Article PeerReviewed application/pdf en http://irep.iium.edu.my/43749/1/105-356-1-SM.pdf Abddul Hamid, Zuraini and Mokhtar, Khairil Azmin (2013) Human trafficking: the international, Malaysian legal framework and Shariah perspectives. IIUM Law Journal, 21 (2). pp. 287-307. ISSN 0128-2530 http://journals.iium.edu.my/iiumlj/index.php/iiumlj/index
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic K Law (General)
spellingShingle K Law (General)
Abddul Hamid, Zuraini
Mokhtar, Khairil Azmin
Human trafficking: the international, Malaysian legal framework and Shariah perspectives
description Slavery and forced labour have been accepted to be against humanity. These practices are expressly prohibited by the Federal Constitution in Malaysia. Although the prohibition of human trafficking is not expressly mentioned in the Constitution, it could be regarded as one of the most heinous crimes according to the letter, intent and spirit of the constitution. This is related to the fact that human trafficking is much associated with modern day slavery and therefore is against the ideology of the Malaysian nation and acceptable norms of the international community and Islamic law and Shariah values. The paper will explore the available international human rights and the laws governing human trafficking in Malaysia. The research is based on the current situation and cases of human trafficking in Malaysia. By understanding and observing these, it will help to conclude that trafficking has violated human rights and governing laws in Malaysia. The paper also looks at Islamic law perspectives on human trafficking, and to a certain extent, the stand taken by Muslim countries on the issue. The paper is mainly a conceptual and doctrinal discussion combined with critical legal analysis of certain laws in Malaysia. It will also involve some comparative elements with some Muslim countries where necessary.
format Article
author Abddul Hamid, Zuraini
Mokhtar, Khairil Azmin
author_facet Abddul Hamid, Zuraini
Mokhtar, Khairil Azmin
author_sort Abddul Hamid, Zuraini
title Human trafficking: the international, Malaysian legal framework and Shariah perspectives
title_short Human trafficking: the international, Malaysian legal framework and Shariah perspectives
title_full Human trafficking: the international, Malaysian legal framework and Shariah perspectives
title_fullStr Human trafficking: the international, Malaysian legal framework and Shariah perspectives
title_full_unstemmed Human trafficking: the international, Malaysian legal framework and Shariah perspectives
title_sort human trafficking: the international, malaysian legal framework and shariah perspectives
publisher International Islamic University Malaysia
publishDate 2013
url http://irep.iium.edu.my/43749/1/105-356-1-SM.pdf
http://irep.iium.edu.my/43749/
http://journals.iium.edu.my/iiumlj/index.php/iiumlj/index
_version_ 1643619593073197056
score 13.211869

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