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/ http://irep.iium.edu.my/43749/ http://irep.iium.edu.my/43749/1/105-356-1-SM.pdf

id	iium-43749
recordtype	eprints
spelling	iium-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
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
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/ http://irep.iium.edu.my/43749/ http://irep.iium.edu.my/43749/1/105-356-1-SM.pdf
first_indexed	2023-09-18T21:02:17Z
last_indexed	2023-09-18T21:02:17Z
_version_	1777410703129313280

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

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