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...
| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
| Published: |
Penerbit Universiti Kebangsaan Malaysia
2018
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| Online Access: | http://journalarticle.ukm.my/13012/ http://journalarticle.ukm.my/13012/1/29432-92941-1-PB.pdf |
| _version_ | 1848813157700599808 |
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| author | Kho, Feng Ming Asma Hakimah Ab Halim, Sakina Shaik Ahmad Yusoff, |
| author_facet | Kho, Feng Ming Asma Hakimah Ab Halim, Sakina Shaik Ahmad Yusoff, |
| author_sort | Kho, Feng Ming |
| building | UKM Institutional Repository |
| collection | Online Access |
| 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. |
| first_indexed | 2025-11-15T00:13:44Z |
| format | Article |
| id | oai:generic.eprints.org:13012 |
| institution | Universiti Kebangasaan Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-15T00:13:44Z |
| publishDate | 2018 |
| publisher | Penerbit Universiti Kebangsaan Malaysia |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | oai:generic.eprints.org: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 |
| 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 |
| title | 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_short | 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 |
| url | http://journalarticle.ukm.my/13012/ http://journalarticle.ukm.my/13012/ http://journalarticle.ukm.my/13012/1/29432-92941-1-PB.pdf |