My Phd Student Viva Voce on Tuesday, 29 May 2019

In completing PhD studies, a student needs to be patience. Insurmountable interest in the subject matter of the research is needed because it is a burning fire propelling the student to completion of their Phd research. Some skills are needed to make their Phd studies successful. Among them are good health, harmonious family, passion & deep interest in the subject matter of research, adequate financial resources, good computer and internet facilities, good English and Bahasa Malaysia, good typing skills, computers and internet. Nonetheless, doa prayer is above all, the source of strength and success.

Congratulation Haider AbdulRazaq Hameed, my Phd student from Iraq, for getting through your Phd Defence viva voce on Tuesday 28 May 2019 at UUM.

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Feasibility of corporate voluntary arrangement (“CVA”) in solving insolvency issues in abandoned housing projects: a comparative legal analysis between Malaysia and the United Kingdom

Citation: Md Dahlan, Nuarrual Hilal and Masum, Ahmad (2014) Feasibility of corporate voluntary arrangement (“CVA”) in solving insolvency issues in abandoned housing projects: a comparative legal analysis between Malaysia and the United Kingdom. The Law Review, 2014. pp. 546-572. ISSN 1985-0891.

Abstract: The Malaysian Corporate Law Reform Committee (“CLRC”) was established among others to review the provisions under the Companies Act 1965 (Act 165) and recommend to the Malaysian government new corporate laws to accelerate the due development of the Malaysian corporate sector. CLRC has conducted research in to the current provisions under the Companies Act 1965 since December 2003 which took about four years to complete.The result is the Final Report of the CLRC. Under this report, the CLRC has recommended the establishment of a Corporate Voluntary Arrangement (“CVA”) to take over the affairs of insolvent companies and rescue them.This paper is a result of a pure legal research that relates to abandoned housing projects in Malaysia.The authors also analysed the CVA’s provisions vis-a-vis the insolvency issues in abandoned housing projects in Malaysia. The objective of this paper is to study the feasibility of the establishment and powers of the CVA in dealing with the insolvency issues in abandoned housing projects and in protecting the rights of the purchasers.Through this writing, the authors are of the view that, the recommendation of the CLRC for the establishment of CVA is commendable. Nonetheless, it is submitted that, in the case of abandoned housing projects, despite having statutory and legal powers, the proposed CVA still cannot fully provide a comprehensive solution in dealing with the insolvency issues in abandoned housing projects, let alone protect the purchasers’ interests.A comparative legal analysis with the United Kingdom’s Company Voluntary Arrangement (“UK CVA”) is also done to find out any lessons and advantages that the UK CVA may have in the face of insolvency issues in abandoned housing projects.This paper suggests certain legal approaches to improve the rehabilitation mechanism of abandoned housing projects purportedly to be carried out through CVA and for protecting the rights and interests of the stakeholders.

Keywords: Corporate Voluntary Arrangement (CVA), Malaysia, Failed Residential Projects, Rehabilitation, Injustices, Purchasers’ Grievances.

Full paper: 2014 ResearchGate Academia SSRN WordPress The Law Review Feasibility of CVA in Rehabilition of Abandoned Housing Projects

Are The Statutory Standard Sale And Purchase Of House Contracts In Peninsular Malaysia Compatible With Islamic Law?

Citation: Md  Dahlan,Nuarrual Hilal. (2009). Are The Statutory Standard Sale And Purchase Of House Contracts In Peninsular Malaysia Compatible With Islamic Law? Malayan Law Journal, 5 Malayan Law Journal, pp. i-xxiv.

Abstract: Pursuant to regulation 11(1) and (1A) of the Housing Development (Control and Licensing) Regulations 1989 and the principles decided in Rasiah Munusamy v Lim Tan & Sons Sdn Bhd, SEA Housing Corporation Sdn Bhd v Lee Poh Choo, Kimlin Housing Development Sdn Bhd (Appointed Receiver and Manager) (in liquidation) v Bank Bumiputra (M) Bhd & Ors and MK Retnam Holdings Sdn Bhd v Bhagat Singh, it is mandatory that the statutory standard formatted sale and purchase agreement (Schedules G, H, I and J), as provided in the Housing Development (Control and Licensing) Regulations 1989 will govern all agreements relating to the purchase of houses in Peninsular Malaysia. This paper seeks to examine the provisions in the statutory standard formatted sale and purchase agreement (Schedules G, H, I and J) of the Housing Development (Control and Licensing) Regulations 1989 (‘the said agreement’) and considers the issue as to whether the said agreement is compatible with the requirements of the Shariah (Islamic law), insofar as the latter relates to abandoned housing projects. The determination of this issue becomes of paramount importance when the parties to the said agreement later apply for loans to purchase the housing units from Islamic banks in Malaysia. As the main requirement for an Islamic bank is the upholding of the principles of Islamic law in its operation, it prompts the question as to whether the said agreement complies with the requirements set out by Islamic law. For otherwise, the subsequent loan agreement that the parties may enter into with an Islamic bank would also contagiously be null and void.

Keywords: Housing Agreement, Peninsular Malaysia, Failed Residential Projects, Islamic Law, Injustices.

Full paper: 2009 SSRN Academia ResearchGate WordPress MLJ ARE THE STATUTORY STANDARD SALE AND PURCHASE

The last day teaching the subject of Conveyancing and Company Secretarial Practice class

The last day teaching the subject of Conveyancing and Company Secretarial Practice (GLUP4193) at DKG 5/3, COLGIS on 20th May, 2019.

Having the opportunity and time to review the topics in conveyancing that I used and practised them before – Sale and Purchase involving Schedules G, H, I and J, Sub-sale of land, auction sale, transfer of land, loan documentations, Islamic Home Finance etc.

Enjoy the good time.

Malaysian case law on issues of Islamic home finance Bay’ Bithaman Al-Ajil (BBA): An Analysis

Citation: Md Dahlan, Nuarrual Hilal and Shuib, Mohd Sollehudin and Mohd Noor, Fauziah. (2018). Malaysian case law on issues of Islamic home finance Bay’ Bithaman Al-Ajil (BBA): An Analysis. International Journal of Law, Government and Communication, 3 (13). pp. 1-20. ISSN 0128-1763.

Abstract: Islamic Banking has been established since 1980s in Malaysia. Various Islamic Home Finance products have been introduced and practised in Malaysia. However, these products have been tainted with the issue of their inadequacy to deal with the issues of problematic housing projects such as late delivery of vacant possession, shoddy workmanship and failure of the developer to comply with the sale and purchase agreements. This paper aims to study the case law dealing with issues, other than issues of abandoned housing projects, in Islamic Home Finance involving Islamic Home Finance Bay’ Bithaman Al-Ajil (BBA). This paper used shariah (Islamic Law), legal doctrinal, qualitative social and textual analysis research methodologies. This paper finds that the case law reveals weaknesses of the BBA. The outcome of this paper will improve the theory and practice of Islamic Home Finance BBA in Malaysia.

Keywords: Case Law, Malaysia, Bay’ Bithaman al-Ajil, Injustice, Islamic Home Finance.

Full paper: 2018 ResearchGate, Academia and WordPress Malaysian case law BBA

Rehabilitation of abandoned housing projects of housing developer companies under receivership in Peninsular Malaysia: Some salient issues and suggestions

Citation: Md Dahlan, Nuarrual Hilal. (2012). Rehabilitation of abandoned housing projects of housing developer companies under receivership in Peninsular Malaysia: Some salient issues and suggestions. The Law Review. pp. 390-413. ISSN 1985-0891

Abstract: Abandoned housing projects are one of the main problems in the housing industry in Peninsular Malaysia.Even though the Malaysian government has provided laws and policies to govern the housing industry to protect the interests of all parties in the industry, yet the problem of abandoned housing projects is still an unsettled issue until today. The real victims are the purchasers themselves. Usually when a housing developer company is under receivership, the affairs and business of the company are taken over by the appointed receiver and manager, pursuant to the terms in the deed of debentures. The receiver and manager may rehabilitate the abandoned projects left by the housing developer companies, if the projects are viable for rehabilitation, with the approval of the debenture holders. Otherwise, if the project is not viable, particularly because there are insufficient funds to run the intended rehabilitation or the problems relating to the abandoned housing projects are too great to settle, the project may be stalled forever without any prospect for rehabilitation, to the detriment of the purchasers.This article discusses the law and practice in the rehabilitation of abandoned housing projects in Peninsular Malaysia of the housing developer companies, under receivership.This writing finds that there are certain lacunae in the law and practice in dealing with the problems of abandoned housing projects particularly in respect of rehabilitating the projects and protecting the purchasers’ rights and interests.Further, it is submitted that the recent proposed amendments to the Housing Development (Control and Licensing Act 1966 (Act 118) and the Corporate Law Reform Committee’s (“CLRC”) recommendations also are still inadequate to face the problems of abandoned housing projects.In the final part of this article the author proposes certain suggestions for facing the problems of abandoned housing projects of the housing developer companies under receivership and their rehabilitation in Peninsular Malaysia in order to improve the law and practice regulating housing industry against abandonment of housing projects in Peninsula Malaysia.

Keywords: Receivership, Rehabilitation, Failed Residential Projects.

Full paper: 2012 ResearchGate, Academia & WordPress The Law Review Rehabilitation of Abandoned Housing Projects by Receiver

Definition of ‘abandoned housing project’: A legal analysis

Citation: Md Dahlan, Nuarrual Hilal. (2007). Definition of ‘abandoned housing project’: A legal analysis. Malayan Law Journal, 5 (2007). xxvii-lv. ISSN 0025-1283.

Abstract: Abandoned housing projects are pathetic phenomena occurring in housing industry in Malaysia. Even though, housing industry has developed and permeated throughout the nation since Independence day, negative phenomenon that is kept recurring, is abandoned housing projects. As a result, considerable housing projects have been identified as being abandoned and have shuddered to a halt. Likewise, additional costs are required to complete the outstanding and remaining constructions of the abandoned housing units. Though housing, planning and construction laws and regulations have been passed by Parliament with the purpose of controlling and regulating the housing development industry in Malaysia, it is regretted that, this catastrophe — the abandoned housing projects are still common and persisting until today. The objective of this paper is to accentuate and discuss the meaning and definition of abandoned housing project, insofar as the situations in Peninsular Malaysia is concerned. The definition which would be mainly highlighted and legally analyzed would that of the Division of Enforcement and Supervision, Ministry of Housing and Local Government (‘MOH’).

Keywords: Failed Residential Projects, Definition, Legal Analysis.

Full paper: 2007 ResearchGate, Academia & WordPress Definition of abandoned housing projects

 

Call for Papers

2019 ICEIR Medan SeptemberThe 4th International Conference on Education, Islamic Studies and Social Science Research (ICEISR 2019) welcomes abstracts from scholars, practitioners, and students for an important international conference, which will take place from 2nd – 3rd September 2019 in  Medan, Indonesia.  This year’s conference highlights the presentation of new trends, advances and research in relevant areas of education, Islamic studies and social science research.   As in previous years, the conference will bring together leading professionals, academicians, universities and industry experts from around the world.

ICEISR 2019 is concerned with education, Islamic studies and social science research in their broadest sense and support scholarship and innovative practices that advance academic achievement through respective world-views and focuses.  The conference strives to make an impact on these areas, especially with the support of new ideas, technology and modern innovations. The ICEDU also focuses on these disciplines and their developments through examinations of the principles, policies and practices that train potential human resources to work with stakeholders and contribute to the development and progress of respective disciplines for the benefits of mankind.

ICEISR 2019 is a joint collaborative effort of the Malaysian Academic Association Congress (MAAC), Association of Malaysian Researchers and Social Services (AMRASS), Universitas Tjut Nyak Dhien, Medan, Indonesia and Indonesian Republic of Lecturers Association for North Sumatra.

Rehabilitation of abandoned housing project Peninsular Malaysia by a purchasers’ voluntary scheme: A case study

Citation: Md Dahlan, Nuarrual Hilal. (2007). Rehabilitation of abandoned housing project Peninsular Malaysia by a purchasers’ voluntary scheme: A case study. Malayan Law Journal, 2007. cxcvi-cxcvi. ISSN 0025-1283.

Abstract: In Peninsular Malaysia, an housing project can be deemed to be abandoned when:(a) Construction activities on site of the housing construction project have stopped for six months or more consecutively, after the expiry of the Sale and Purchase Agreement (S & P) executed by the developer and the purchaser or; (b) The developer has been put under the control of the Official Receiver and the Housing Controller is of the opinion that such developer cannot duly proceed with the execution of its obligations as a developer. The roles and obligations of the Ministry of Housing and Local Government (‘MOH’) are to gather relevant information, search and initiate ways to rehabilitate the housing projects so abandoned and to identify suitable parties for the rehabilitation of the said projects either they are rehabilitated by the original developers themselves (the first defaulting developer) or by the financiers to the said projects or by the land owners of the projects or even through the initiatives of the Purchasers’ Actions Committees or through the government rehabilitating agency — Syarikat Perumahan Negara Berhad (SPNB).

Keywords: Failed residential house, Purchasers’ Grievances, Rehabilitation.

Full paper: 2008 MLJ ResearchGate, Academia, WordPress Rehabilitation of Abandoned Housing Project by Purchasers’ Voluntary Scheme

 

REHABILITATION OF ABANDONED HOUSING PROJECT: EXPERIENCE OF AN ABANDONED HOUSING DEVELOPER THROUGH THE HELP OF A GOVERNMENT AGENCY

2019 Rumah Taman Teja Changloon 3Citation: Md Dahlan, Nuarrual Hilal (2007) Rehabilitation of abandoned housing project: Experience of an abandoned housing developer through the help of a government agency. Malayan Law Journal, 1 (2007). 1xxxiv-cxxvi. ISSN 0025-1283.

Abstract: An housing project can be deemed to be abandoned when: (a) Construction activities on site of the housing construction project have stopped for six months or more consecutively, after the expiry of the Sale and Purchase Agreement (S & P) executed by the developer and the purchaser or; the developer has been put under the control of the Official Receiver; and, (b) Housing Controller is of the opinion that such developer cannot duly proceed with the execution of its obligations as a developer. The roles and obligations of the Ministry of Housing and Local Government (MOH) are to gather relevant information, search and initiate ways to rehabilitate the housing projects so abandoned and to identify suitable parties for the rehabilitation of the said projects either they are rehabilitated by the original developers themselves (the first defaulting developer) or by the financiers to the said projects or by the land owners of the projects or even through the initiatives of the purchasers. Actions Committees or through the government rehabilitating agency — Syarikat Perumahan Negara Bhd (SPNB).The abandoned housing projects occurring in Peninsular Malaysia can be categorized as follows:(a) Projects with the potential for rehabilitation; (b) Projects taken over by other new developers;(c) Projects not suitable for rehabilitation; and, (d) Completed rehabilitated projects.

Full paper: 2007 ResearchGate, Academia, WordPress Rehabilitation of Abandoned Housing Projects by Government Agency