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...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
International Islamic University Malaysia
2013
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/43749/ http://irep.iium.edu.my/43749/ http://irep.iium.edu.my/43749/1/105-356-1-SM.pdf |
| Summary: | 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. |
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