Browsing by Author "Nor Asiah Mohamad, Ph.D"

Land administration system (LAS) is one of the core elements of government administration in promoting and guaranteeing security of land tenure of the people and businesses. The objective of LAS is to ensure a stable system in maintaining relationships between land, individuals, businesses and other legal entities. Agencies entrusted to manage LAS are responsible for implementing land policies, which includes equitable land distribution in accordance with the law and regulations. LAS is designed to operate in relatively stable environments with the aim to maintain records of transactions between the government and the people, and also dealings between people. Disaster Risk Management (DRM) assumes a dynamic role in a chaotic post-disaster environment, aiming to facilitate faster assessment of damages, injury, loss of life and property. This also includes providing assistance in the form of medicine, food, shelter and basic infrastructure. In designing disaster risk based policies, a community should consider disaster risks and ther spatial distribution, steer more sustainable land development and use, reduce the vulnerability of affected people in high risk sites. This research’s objective is to investigate the benefits of integrating the LAS with DRM aspects in achieving post disaster land tenure security. Integration of DRM principles into LAS is necessary in addressing post disaster recovery and reconstruction. Planning of LAS must consider all strategic elements in order to reduce the impacts of disasters at all phases and also taking into account the various risks associated with the exposed population. The LAS system can be a catalyst to improve the lives of poor and disadvantaged, empowering them through public participation by strengthening legitimacy and transparency in the process of policy making. This will promote social acceptance and adherence. The research method used is a mixed mode of case study on the LAS developed after the Merapi Eruption Disaster to restructure the land administration system in the Sleman District, Yogyakarta Special Region, Indonesia. The research identified that developing a link between LAS and DRM will aid in adopting strategic measures to develop knowledgeable communities that would be more resilient in facing challenges posed by natural disasters and also cooperate in post disaster reconstruction. The incorporation of DRM aspects into LAS has capacity to shape a more sustainable and resilient community that is able to adapt to unforeseen circumstances. The research concludes with a proposal for developing a model of LAS integrated with aspects of DRM including the legal regulatory, administrative aspects, standards and procedures for managing pre-disaster mitigation, and preparedness for possible disasters, organization of emergency measures, coordination of recovery operations, identifying rights of the displaced communities.

Numerous issues surrounding the administration of Waqf and its legal framework have contributed to the occurrence of disputes and conflicts between the State Islamic Religious Councils (SIRCs) and interested parties. Even though there are only a relatively small number of Waqf disputes in Malaysia, failure to effectively manage the Waqf disputes will impair the confidence of the public on the Waqf administrators and therefore affect the growth and development of Waqf in the country. Solutions must therefore be formulated to ensure that these disputes are managed and resolved pragmatically and, if possible, amicably. It is therefore the main objective of this research to propose recommendations which could improve the Waqf dispute resolution framework in Malaysia. To achieve this objective, the nature and types of Waqf disputes often faced in Malaysia and the challenges faced by the parties during the resolution process were determined through an analysis of past Waqf cases and through interviews with relevant Waqf officers in Selangor, Penang and Terengganu. An examination of Malaysia’s Waqf legal framework observed that the SIRCs have been equipped with the necessary general powers to ensure that all Waqf disputes are properly addressed. With their given powers, it was found that the SIRCs held preference to amicable settlement before referring any matter to court. However, it has been further discovered that several issues are present throughout the dispute management process which had affected the parties’ chances for amicable settlement. The issue of conflict of jurisdiction between the civil and Syariah courts in hearing Waqf disputes was also observed and analysed in this research. Inspired by the best practices of Singapore and India and the benefits which Alternative Dispute Resolution (ADR) could bring, recommendations were proposed at the end of this research with the aim to improve the current dispute resolution process. The proposed recommendations cover the dispute prevention process as well as the resolution and settlement processes by the SIRCs and the courts. Among the key recommendations proposed were on the empowering of the Syariah Courts in hearing Waqf disputes through legal reforms as well as effective administrative strategies which would effectively prevent or mitigate Waqf disputes. It is believed that the recommendations proposed in this research could benefit the Waqf administration and Waqf dispute resolution framework in this country.