Libel And Its Relation To Freedom Of Speech: A Comparative Study Between Malaysian Laws And The Islamic Legal Principles

Freedom of speech is fundamental towards the founding of a democratic country as distinctly expressed in Article 10(l)(a) of the Federal Constitution. However, there are restrictions to this right and Worn. Article 10(2)(a) of the Federal Constitution exempts or excludes defamation actions from this...

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Main Author:	Hasbollah Bin Mat Saad
Format:	Thesis
Language:	en_US
Subjects:	Libel and slander > Malaysia Freedom of speech Islamic Law- Malaysia
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id	my-usim-ddms-12487
record_format	uketd_dc
spelling	my-usim-ddms-124872024-05-29T04:13:46Z Libel And Its Relation To Freedom Of Speech: A Comparative Study Between Malaysian Laws And The Islamic Legal Principles Hasbollah Bin Mat Saad Freedom of speech is fundamental towards the founding of a democratic country as distinctly expressed in Article 10(l)(a) of the Federal Constitution. However, there are restrictions to this right and Worn. Article 10(2)(a) of the Federal Constitution exempts or excludes defamation actions from this right by passing the Defamation Act 1957 to control and ensure this right and M o m of speech are exercised in accordance with law. This research concentrates only on one element of defamation under the Defamation Act 1957 and Penal Code (Act 574); libel. Therefore, this thesis will focus on the extent of the rights and M o m of speech, and how elements of libel plays a significant role in determining the restrictions of freedom of speech. The objectives of conducting this research are to examine the scope, concept and development of libel, explore the possible harmonisation, and establish recommendations that could be used to enhance the libel law. This thesis look into the matter from the Malaysian law and the Islamic legal perspectives. Comparative legal research and qualitative methods will be applied in this thesis based on the legal materials; law reports, legal commentaries, judicial decisions, Quranic verses, As-Sunnah, and opinions derived from Muslim scholars. The general observations is that, there are similarities and differences in Ilk1 laws according to the Malaysian laws and the Islamic legal principles which can be blended to form an effective Malaysian libel laws. It can strengthen the countermeasure against more complicated libel actions and at the same time to balance and integrate the relationship between libel laws and freedom of speech, and this may be implemented through the harmonisation processes . Universiti Sains Islam Malaysia 2016-11 Thesis en_US https://oarep.usim.edu.my/handle/123456789/12487 https://oarep.usim.edu.my/bitstreams/493311ed-d504-43f1-8e36-b34455fc87de/download 8a4605be74aa9ea9d79846c1fba20a33 https://oarep.usim.edu.my/bitstreams/40704095-f5d4-4ae9-b46d-38083353b1ff/download 55182c43eecf0429a975fdcdddb487e7 Libel and slander--Malaysia Freedom of speech Islamic Law- Malaysia
institution	Universiti Sains Islam Malaysia
collection	USIM Institutional Repository
language	en_US
topic	Libel and slander--Malaysia Freedom of speech Islamic Law- Malaysia
spellingShingle	Libel and slander--Malaysia Freedom of speech Islamic Law- Malaysia Hasbollah Bin Mat Saad Libel And Its Relation To Freedom Of Speech: A Comparative Study Between Malaysian Laws And The Islamic Legal Principles
description	Freedom of speech is fundamental towards the founding of a democratic country as distinctly expressed in Article 10(l)(a) of the Federal Constitution. However, there are restrictions to this right and Worn. Article 10(2)(a) of the Federal Constitution exempts or excludes defamation actions from this right by passing the Defamation Act 1957 to control and ensure this right and M o m of speech are exercised in accordance with law. This research concentrates only on one element of defamation under the Defamation Act 1957 and Penal Code (Act 574); libel. Therefore, this thesis will focus on the extent of the rights and M o m of speech, and how elements of libel plays a significant role in determining the restrictions of freedom of speech. The objectives of conducting this research are to examine the scope, concept and development of libel, explore the possible harmonisation, and establish recommendations that could be used to enhance the libel law. This thesis look into the matter from the Malaysian law and the Islamic legal perspectives. Comparative legal research and qualitative methods will be applied in this thesis based on the legal materials; law reports, legal commentaries, judicial decisions, Quranic verses, As-Sunnah, and opinions derived from Muslim scholars. The general observations is that, there are similarities and differences in Ilk1 laws according to the Malaysian laws and the Islamic legal principles which can be blended to form an effective Malaysian libel laws. It can strengthen the countermeasure against more complicated libel actions and at the same time to balance and integrate the relationship between libel laws and freedom of speech, and this may be implemented through the harmonisation processes .
format	Thesis
author	Hasbollah Bin Mat Saad
author_facet	Hasbollah Bin Mat Saad
author_sort	Hasbollah Bin Mat Saad
title	Libel And Its Relation To Freedom Of Speech: A Comparative Study Between Malaysian Laws And The Islamic Legal Principles
title_short	Libel And Its Relation To Freedom Of Speech: A Comparative Study Between Malaysian Laws And The Islamic Legal Principles
title_full	Libel And Its Relation To Freedom Of Speech: A Comparative Study Between Malaysian Laws And The Islamic Legal Principles
title_fullStr	Libel And Its Relation To Freedom Of Speech: A Comparative Study Between Malaysian Laws And The Islamic Legal Principles
title_full_unstemmed	Libel And Its Relation To Freedom Of Speech: A Comparative Study Between Malaysian Laws And The Islamic Legal Principles
title_sort	libel and its relation to freedom of speech: a comparative study between malaysian laws and the islamic legal principles
granting_institution	Universiti Sains Islam Malaysia
_version_	1812444763738079232

Libel And Its Relation To Freedom Of Speech: A Comparative Study Between Malaysian Laws And The Islamic Legal Principles

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