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/ http://journalarticle.ukm.my/13012/ http://journalarticle.ukm.my/13012/1/29432-92941-1-PB.pdf

id	ukm-13012
recordtype	eprints
spelling	ukm-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
repository_type	Digital Repository
institution_category	Local University
institution	Universiti Kebangasaan Malaysia
building	UKM Institutional Repository
collection	Online Access
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/ http://journalarticle.ukm.my/13012/ http://journalarticle.ukm.my/13012/1/29432-92941-1-PB.pdf
first_indexed	2023-09-18T20:03:54Z
last_indexed	2023-09-18T20:03:54Z
_version_	1777407029794570240

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

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