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Articles by Rahmah Ismail
Total Records ( 22 ) for Rahmah Ismail
  Rahmah Ismail , Ishak Yussof and Lai Wei Sieng
  In this challenging world, competition is everywhere. Individual works hard to equip themselves with knowledge and skills to avoid being left far behind and survive. Obtaining a degree from institute of higher education in local or overseas has become necessary in order to get a good job with nice salary. However, a quite alarming issue is a high unemployment rate among graduate in this country. Among the factors that cause unemployment among graduates are lacks of soft skills, high employers’ expectation, mismatching and the fluctuation of economy in the country. The main purpose of this study is to get the perception of employers’ in services sector on graduates performance. Services sector is selected since, it has become the main sector in the country. A total of 749 employers’ in the services sector in Lembah Klang involved in this research. The questionnaires were distributed to employers’ and human resource managers and head of other departments in the organization in 2009 and 2010. The difference in mean score obtained by graduates from the University Kebangsaan Malaysia (UKM), graduates from other local institute of higher education and graduates from overseas were compared and tested. In general, the results show that respondents give moderate scores to all of the graduates. This shows that the graduates performances are good and satisfying but not the best. In addition, some weaknesses among graduates from UKM and other local and overseas institute of higher education have been recognized from the results of comparing the mean scores. The implication from this finding is that institutes of higher education still need to work hard to improve the ability and employability of their graduates in the job market where quality is more needed than quantity.
  Muhammad Rizal Razman , Sakina Shaik Ahmad Yusoff , Shamsuddin Suhor , Rahmah Ismail , Azimon Abdul Aziz and Kartini Aboo Talib Khalid
  Inland water is one of the components in the environment. The inland water is very precious to every single creature in this world, especially to the consumer of the inland water resources. Therefore, it is very vital to take extra care to all of the environmental components which includes the inland water. A good environmental management will ensure the inland water is maintained properly as well as a good protection to the consumer in consuming the inland water. A good environmental management derives from the concept of sustainable development. Therefore, this study will examine the used the regulatory framework for land use and consumer protection on inland water resources in relation to the sustainable development from Malaysian legal perspectives, identify actions and cases which deal with sustainable development from Malaysian legal perspectives and lastly, discussing the regulatory framework as a means for sustainable development.
  Sakina Shaik Ahmad Yusoff , Rahmah Ismail , Shamsuddin Suhor , Azimon Abdul Aziz , Muhammad Rizal Razman and Kartini Aboo Talib Khalid
  Every nation within the Asean community has adopted measures to protect consumer rights and interests by establishing institutional and regulatory framework. In strengthening and enhancing consumer protection, measures taken vary from one country to the other. The enactment of the Consumer Protection Act in Malaysia and Indonesia demonstrates the commitment of the government of these nations in enhancing consumer protection. Adopting the analysis content methodology, this study scrutinises the Malaysian Consumer Protection Act 1999 and the Law on Consumer Protection 1999 of Indonesia. These legislations provide protection for consumers governing various aspects including misleading and deceptive conduct, safety of goods and services, guarantees in respect of supply of goods and redress mechanism. In keeping with the Malaysian and Indonesian legal culture, the Malaysian Consumer Protection Act 1999 and the Law on Consumer Protection 1999 of Indonesia are seen as the umbrella that will integrate and strengthen law enforcement in the area of consumer protection in these countries.
  Noorasiah Sulaiman , Rahmah Ismail , Norasmah Othman and Poo Bee Tin
  Now-a-days to be deemed as a competent worker requires qualifications and additional skills in order to be competitive, especially in this age of globalization. Since, competition is essential and the requirements of labour have now changed, this study aims to examine the determinants of the demand for education among the households in Malaysia by considering parents’ awareness of the impact of globalization. In this study in addition to the variable of demand for education, another useful variable that is considered is the indicator of educational expenditure which represents globalization. In other words, the indicator of educational expenditure is examined to analyse the expenditure on education in the age of globalization. This study utilizes data from a household survey. The determinants of demand for education include the characteristics of parents or households background such as parents’ income and educational level of parents and the information of indicators for educational expenditure due to the impact of globalization. Furthermore, the parents’ awareness of globalization in respect of their children’s education is also investigated. The results of the study show that most variables of parents’ characteristics are significant with educational expenditure. These include the variables of household income, mother’s work status, job category of head of household and educational level of head of household. Remarkably, the variable of parents’ awareness concerning the impact of globalization is also positive and significantly affects expenditure on education among the households. This study reveals that transformation in the Malaysian educational system has changed the household behaviour of attempting to provide better education for their children, especially to meet the requirement of increased competition in this age of globalization.
  Zeti Zuryani Mohd Zakuan , Sakina Shaik Ahmad Yusoff and Rahmah Ismail
  The use of electronic commerce in the era of globalization and trade liberalization is seen to boost economic growth through technology transfer, productivity and international competitiveness. However in reality, it brings negative effect to consumers in Malaysia when it involves cross border transactions. In order to gain benefits from globalization and trade liberalization, Malaysia has to unite with other developing countries in the name of ASEAN. Being a member to ASEAN enable Malaysia to compete wisely in the global market. Based on doctrinal research and by adopting content analysis method, this study examines the consumer protection measures undertaken by ASEAN in the area of electronic commerce as a preparation for the establishment of ASEAN economic community by the year 2015. The study analyses the measures adopted by ASEAN in providing protection to consumers in relation to electronic commerce transactions.
  Sakina Shaik Ahmad Yusoff , Rahmah Ismail , Ruzian Markom and Zeti Zuryani Mohd Zakuan
  The modern era is an ultra modern and complicated era with sophisticated industrial and commercial technologies invading production and distribution of goods. The advancement of technology has placed at the disposal of Malaysian consumers a range of complex and sophisticated products, consumable and non-consumable. Nevertheless, this phenomenon has led to severe problems of inequality between consumers and traders; inequality of knowledge, resources and bargaining power. To strike at the heart of inequality, efforts must be made to minimise the disparities between consumers and traders. Adopting the doctrinal perspective of data analysis this study, thus is an attempt to analyse the law of sale of goods in Malaysia as contained in the Sale of Goods Act 1957 from the consumer protection perspective. As consumers are always parties of weaker bargaining power, there is every need to protect them through effective laws. The present Sale of Goods Act 1957 is outdated. It needs to be completely revamped to reflect a more uniform and modernised approach. In its current state, the Malaysian Sale of Goods Act 1957 does not adequately protect consumers when entering into a sale of goods transaction.
  Rahmah Ismail , Zeti Zuryani Mohd Zakuan , Sakina Shaik Ahmad Yusoff , Ruzian Markom , Suzanna Mohamed Isa and Azimon Abdul Aziz
  Product liability law is associated with consumers’ right to damages. Under the product liability law, the consumers can sue the producers or manufacturers for the damage that has been caused by a defect in a product. Product liability law is necessary in order to provide protection to consumers. In Malaysia, prior to 1999, product liability law is based on claims under law of contract and law of negligence. In 1999, the government of Malaysia has introduced the Consumer Protection Act 1999 (CPA 1999) which provides for strict civil liability under Part X of the CPA 1999 for product liability. The purpose for introducing strict civil liability is to lessen the burden of proof of consumers. The introduction of strict civil liability is in line with the international development in which many countries have adopted strict civil liability to overcome the obstacles under the law of contract and law of negligence. Based on doctrinal research and by adopting content analysis method, this study examines the elements of product liability law and defences provided under Part X of the CPA 1999. The study analyses the relevant provisions under Part X of the CPA 1999 to see whether the act is able to give full protection to Malaysian consumers for product liability claims and whether the introduction of strict product liability brings justice to the consumers in terms of reducing their burden of proof.
  Zeti Zuryani Mohd Zakuan , Rahmah Ismail , Sakina Shaik Ahmad Yusoff and Ruzian Markom
  Consumers as the largest economic group play an important role in the government economic decision making. Two third of all spending in the economy is by the consumers, thus, they deserve protection when dealing with the traders. Currently, substantive law is the best protection available to the consumer. However, substantive law alone is not enough. Effective consumer redress mechanism should be established to enable consumer to channel their claims against the traders. The need to have consumer redress mechanism in handling consumer matters is due to the importance of consumers to the economy of the country. Consumer needs a specific court with experienced judges in the field of consumerism. Most consumer disputes involve trader who is well verse with the law and capable of employing lawyers specialising in the specific areas of law as opposed to consumer who is a first timer and knows nothing about his rights. By having the specific court, consumers will be well treated by the system. Based on doctrinal research and by applying content analysis method, this study will review small claims court and Malaysia Tribunal for consumer claim in providing redress to consumers in Malaysia. By looking at the situation in Thailand, the study propose the establishment of consumer court, so that consumers are able to be relieved promptly and effectively from the damage suffered.
  Noorasiah Sulaiman , Rahmah Ismail and Mohd Nasir Mohd Saukani
  This study observes the impact of globalization on the Total Factor Productivity (TFP) performance of the Malaysia’s manufacturing sector. By focusing on the manufacturing sector, this study analyse to what extent the TFP level affected by the globalization. More specifically, this study examines the impact on the TFP among sub sectors of the manufacturing sector. The indicators of globalization under examination comprise of foreign investment, technology, foreign labour and trade’s openness in the economy in such a way to observe trade liberalization. By covering the study period from 1990-2010, the survey data of the industrial manufacturing was obtained from the Department of Statistics Malaysia. The findings indicate that the openness of the economy and foreign direct investment are statistically significant and have positive impact on the TFP level. In contrast, technology agreement and foreign labour are not significant. The findings by sub sectors show that transport equipment industry has significantly and positively influenced the sub sector’s TFP level by all globalization’s variables.
  Rahmah Ismail and Syahida Zainal Abidin
  Technical efficiency is the ability of an enterprise to produce the maximum output using a set of input or minimizing the use of input in producing a certain level of output. When an enterprise is operating at its most efficient, operating costs can be reduced and profits can be increased. This article attempts to analyses the level of technical efficiency of Small and Medium Enterprises (SMEs) in the Malaysian manufacturing firms and identifies the determinants of their efficiency. The analysis uses the data obtained from the Department of Statistics of Malaysia 2009 Manufacturing Survey, which covers 4661 SMEs. In the analysis, SMEs will be divided into three categories, namely, the micro-Sized Enterprises (CSEs) the Small-Sized Enterprises (SSEs) and the Medium-Sized Enterprises (MSEs). To achieve the objectives of this study, we estimate the frontier production model to obtain technical efficiency scores simultaneously with technical inefficiency determinants model. In this study, we adopt the translog production model in obtaining the technical efficiency scores and the linear technical inefficiency model to determine factors affecting the firms’ inefficiency level.
  Nazura Abdul Manap , Sakina Shaik Ahmad Yusoff , Rahmah Ismail and Suzanna Mohamed Isa
  Despite the rapid developments in the field of Online Dispute Resolutions (ODR), some major issues remain to be resolved especially in regard to the types of procedure that would best address consumer disputes. Main and critical issues such as what does online arbitration mean? What is the profile of users making use of ODR? And what mechanisms are used to address business and consumer disputes? This study discusses some clarifications that may impact the choice of procedure of ODR: mediation and arbitration as well as different types of ODR. It then raises issues related to the UNCITRAL ODR WG discussions on a redress system for cross-border consumer disputes and questions whether types of disputes and potential mechanisms are not confused with one another. Finally, the European Union’s Regulation on ODR for consumer disputes may be the way forward.
  Muhammad Rizal Razman , Sakina Shaik Ahmad Yusoff , Shamsuddin Suhor , Rahmah Ismail , Azimon Abdul Aziz and Kartini Aboo Talib Khalid
  The inland water is very precious to every single creature in this world especially to the consumer of the inland water resources. Therefore, it is very vital to take extra care to all of the environmental components which includes the inland water. A good environmental management will ensure the inland water is maintained properly as well as a good protection to the consumer in consuming the inland water. A good environmental management derives from the concept of sustainability. Therefore, this study will examine the used the Environmental Quality Act, 1974 and consumer protection on inland water resources in relation to the sustainability from Malaysian legal perspectives, identify actions and cases which deal with sustainable development from Malaysian legal perspectives and lastly, discussing the regulatory framework as a means for sustainability.
  Muhammad Rizal Razman , Sakina Shaik Ahmad Yusoff , Shamsuddin Suhor , Azrina Azlan , Rahmah Ismail , Azimon Abdul Aziz and Kartini Aboo Talib Khalid
  Environmental sustainability is based on the concept of sustainable development. Environmental sustainability promotes the capacity to sustain the quality of life for consumer in order to safeguard environment as well as to protect consumer against harm, especially towards better living environment for consumer. One of the national laws of Malaysia that harmonised the concept of sustainable development in order to achieve environmental sustainability for consumer protection is the Sale of Goods Act, 1957. Therefore, this study will discuss on how the Malaysian Sale of Goods Act, 1957 provides protection to consumer protection and environmental sustainability on drinking bottled water which focusing on statutory implied terms.
  Idris Jajri and Rahmah Ismail
  The role of the services sector and its contribution to economic growth in Malaysia has become increasingly important. The contribution of the services sector to Gross Domestic Product (GDP) and employment has increased continuously, since the 1990s. In this regard, the productivity of this sector, especially the growth of Total Factor Productivity (TFP), ought to be given due emphasis in order to strengthen and improve its competitiveness. This study aims to discuss the growth and the contribution of TFP to output growth of the services sector as a whole and in terms of selected services sub-sectors. The analysis in this study is based on data from the Survey of Selected Service Industries for the period 1985-2006 obtained from the Department of Statistics, Malaysia. The findings show that the real estate agents sub-sector has the highest TFP growth and the contribution of TFP growth to output growth in this sub-sector is found to be very significant.
  Rahmah Ismail , Sakina Shaik Ahmad Yusoff , Shamsuddin Suhor , Azimon Abdul Aziz , Muhammad Rizal Razman and Kartini Aboo Talib Khalid
  Every nation within the ASEAN community has adopted measures to protect consumer rights and interests by establishing institutional and regulatory framework. In strengthening and enhancing consumer protection, measures taken vary from one country to the other. The enactment of the Consumer Protection Act in Malaysia and Thailand demonstrates the commitment of the government of these nations in enhancing consumer protection. Adopting the analysis content methodology, this study scrutinises the Malaysian Consumer Protection Act, 1999 and the Consumer Protection Act, 1979 of Thailand. These legislations provide protection for consumers governing various aspects including misleading and deceptive conduct, safety of goods and services, guarantees in respect of supply of goods and redress mechanism.
  Muhammad Rizal Razman , Sakina Shaik Ahmad Yusoff , Shamsuddin Suhor , Rahmah Ismail , Azimon Abdul Aziz and Kartini Aboo Talib Khalid
  Environmental sustainability derived from the concept of sustainable development that promotes the capacity to sustain the quality of life we value in order to safeguard environment, especially towards better living environment for consumer. One of the international law that harmonised the concept of sustainable development in order to achieve environmental sustainability for consumer protection is The Basel Convention 1989. Basically, the Basel Convention 1989 is an international legal instrument that control the transboundary movement of hazardous wastes in which incorporated and adopting the principle of transboundary liability. The principle of transboundary liability plays an important role in environment protection as well as consumer protection in order to achieve environmental sustainability. The used of the principle of transboundary liability in environmental protection is largely in respond to the inevitability of every consumer to environment from being polluted in their surroundings. As for the Basel Convention is concerned, the convention created an essential mechanism to protect environment as well as consumer protection in order to achieve environmental sustainability from negative effects of transboundary movement of hazardous wastes globally. Therefore, this study examines the used of the principle of transboundary liability in the Basel Convention 1989 looking at the international law and governance perspectives by identifying actions and cases which deal with environmental protection as well as consumer protection in order to achieve environmental sustainability. This study is also identifying the relation between the Basel Convention 1989 which adopting the principle of transboundary liability as a means to protect environment as well as consumer protection in order to achieve environmental sustainability.
  Zeti Zuryani Mohd Zakuan , Rahmah Ismail , Sakina Shaik Ahmad Yusoff , Che Norlia Mustafa and Ruzian Markom
  In the era of globalisation and trade liberalisation, trade becomes an important activity which contributes significantly to the national economy. Consumer as a party to the trading activity becomes the major contributor in this activity. Since, trade is important to consumers thus it is important that this activity is being monitored so as to benefit the consumer. Globalisation which brings with it the concept of trade liberalisation illustrates the free movement of goods and services in different parts of the world due to borderless economy. This phenomenon resulted in free entry of goods from abroad without restriction and this will bring a negative impact on consumers in Malaysia if the goods are of low quality. Thus, consumers need to be protected in facing globalisation and trade liberalisation. Based on doctrinal research and by applying content analysis method, this study will review the protection conferred by the legal framework with regards to consumer protection in Malaysia. The legal framework which consists of law and policies will be reviewed to examine their role in upholding consumer protection in Malaysia.
  Fahirah Syaliza Mokhtar and Rahmah Ismail
  Consumers, particularly patients are incapable to amass enough information of the complexity and high technology nature of medical devices and when injured, patients have difficulty in proving that the devices are defective. This study examines the legal status of medical devices under the Malaysian Consumer Protection Act 1999 (CPA 1999) and the compensatory system under part X of the CPA 1999 regarding product liability. The findings of this study show that although part X gives appropriate compensation for injury caused by faulty products, however patients are tossed into dealing with much heavier burden to prove under this part for medical devices compared to unrelated health products. This study attempts to show that the existing product liability provisions have several drawbacks which indicate that the provisions might have failed to achieve its aims and purposes. Therefore, it is the purpose of this study to examine those drawbacks and make suggestions in order to be able to assist patients in the process of claiming compensation.
  Ruzian Markom , Rahmah Ismail , Sakina Shaik Ahmad Yusoff and Zeti Zuryani Mohd Zakuan
  Financial consumer protection is essential in the contemporary financial market. Financial consumers in the financial transaction contribute vastly in developing the economy of a country. Sound and effective legal and institutional framework premised the fair treatment of a robust and resilient financial system. The objective of this study is to examine the extent of financial consumer protection in the Malaysian financial system. The study adopted qualitative method with comparative approach between 2 groups of financial consumers, their institutions, governing laws and avenue for help and redress. Findings of the study showed that the unbanked financial consumers are in a disadvantaged status, as there is no law protecting them. On the other hand, the banked consumers are well protected with the enactment of the Financial Services Act 2013 and Islamic Financial Services Act 2013. Finally, it is recommended that the legal framework be reviewed for the enhancement of financial consumer protection.
  Sakina Shaik Ahmad Yusoff , Rahmah Ismail , Nazura Abdul Manap , Suzanna Mohamed Isa and Farzaneh Akrami
  The existing laws relating to the sale of goods in Malaysia are contained in the Contracts Act 1950, the Sale of Goods Act 1957 and the Consumer Protection Act 1999. The Sale of Goods Act 1957 is an archaic piece of legislation. The Sale of Goods Act 1957 is outdated and needs to be revamped. The act cannot cope with problems experienced by a modernized and sophisticated society of the 21st century. Consumer protection calls for a review of the act. Defects in the present law relating to sale of goods existed based on two premises; dualism of law which leads to conflict of law issues and the deficiencies in its substantive laws, particularly relating to implied terms and its remedial scheme. Adopting the content analysis method, this study analyses the law of sale of goods in Malaysia, focusing mainly on the Sale of Goods Act 1957 and consumer protection.
  Fahirah Syaliza Mokhtar , Rahmah Ismail , Ahmad Munir Mohd Salleh and Zailin Zainal Ariffin
  A defective medical product directly affects patient in which they are unable to evaluate and make decision as a smart consumer, especially when faced with the use of cutting-edge, complex and sophisticated medical products. Patients who wishes to claim under Consumer Protection Act 1999, encounters many hurdles to satisfy the elements under Part X of the Consumer Protection Act 1999, particularly proving the defect itself and most demanding is proving causal relationship. Hence, the main focus of this article is to examine the challenges encountered by patients in seeking compensation for injury or death due to defective medical products in Malaysia. The objective of the article is to analyze the law of product liability, under the Malaysian Consumer Protection Act 1999, Thailand’s Medical Device Act, BE 2551 and also Germany’s Pharmaceutical Product Act 1976 aiming at improving the patient’s mechanism of compensation. The finding of this article is that, the requirement of proof under Malaysia Consumer Protection Act 1999 for defective medical products is almost impossible to fulfill. Based on the law of Thailand and Germany the analysis highlights that a legislative intervention in the form of adding a particular section in the legislation should be implemented. Thus few improvements are suggested including the amendment to the provisions contained in the Malaysian Consumer Protection Act 1999 as well as including provision of civil liability in the Malaysian Medical Device Act 2012 and Poison Act 1952 to better assists patients in claiming compensation.
  Noorhaslinda Kulub Abd. Rashid , Rahmah Ismail , Shahida Shahimi and Zaleha Mohamad
  The relationship between religion, income and consumption have been explored in several studies. In this study, we extend this inquiry by arguing that religion variable plays an important role in influencing the patterns of income and consumption among the household. According to Bank Negara Malaysia the ratio of household debt to Gross Domestic Product (GDP) for 2013 is above the level of 86.8% in order to accommodate family life in nowadays situation. Therefore, this study is expected to serve as a preliminary study to see how the religious factor in the Islamic economy can educate the Muslims on how they manage income and expenses wisely. This study also discussed on the construct validity and reliability of ‘Muslim Religiosity Index’ on household consumption pattern by using religious dimension and spending pattern dimension. The instrument was developed based on past literature, expert opinion and research objectives. Expert interview has been done to validate the instrument construct and content while Cronbach’s alpha coefficient has been used to identify the value and level of internal consistency. Based on the result, some improvements on the instrument item need to be done for the next research.
 
 
 
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