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Hakimah Yaacob
Hakimah Yaacob
Associate Researcher, ISRA
Email: hakimah@isra.my
Phone : +603 7651 4231

Overview

Hakimah Yaacob is currently an associate researcher at International Shariah Research Academy for Islamic Finance (ISRA).

Biography

Ms. Hakimah Yaakob holds a LLB (Hons), LLB Shariah (Hons) and Master in Comparative Laws (MCL) from International Islamic University of Malaysia,  (IIUM). Currently appointed as the researcher cum Cordinator for Islamic Banking Unit.  She obtained her Diploma in Victimology from Tokiwa International Victimology Institute, Tokiwa University, Japan. Since 2002, she has served in Law Matriculation centre, IIUM as an academician. Prior to joining IIUM, she was a legal practitioner both in Civil and Shariah litigation. In 2006, she has been appointed as the Head of Law Reform and International Treaties at Human Rights Commission of Malaysia (SUHAKAM). In SUHAKAM she handled portfolios on Malaysian ratification on Convention on Elimination of Discrimination against Women (CEDAW), Convention on Children’s Rights (CRC), Convention on Person With Disability (CPWD), International Convention on Civil and Political Rights (ICCPR), (ECOSOC), Convention against Torture and Rome Convention.  She was appointed to represent Malaysian Government in drafting the ISO26000 on Social Responsibility, at Chile in 2009. She has presented globally and locally on Human rights in particular, woman, children and minorities. She has completed a research on the Polemics Governing Orang Asli in Malaysia  entitled “Rights of Orang Asli from legal perspectives concerning de jure systemic denial of continuity pro tempore rights to the lands, ignorance of welfare and education in Peninsular Malaysia”.  She has also completed other research like Optional Protocol on CRC, Refugees Rights, Wali’s Rights  and CEDAW,  Shariah view on CEDAW, Prison Reform, Child’s Ombudsman, Highland Tower case, Juvenile Justice, Cairo Declaration on Human Rights, UNHCR, Restorative Justice, etc.

In the area of Islamic Finance, she was consulted by many international and local organisation on legal and Shariah issues. This includes Consultation on drafting Maldives Islamic Finance Act, Employment Provident Fund, Product Concept Development for Islamic Commercial undertakings, etc.  Completed and ongoing collaboration with Bank Negara Malaysia Compilation of resolution Shariah Advisory Council (SAC), African Asian Legal Consultative Organisation (AALCO) on setting up  alternative dispute mechanisme in Islamic Finance. Model creation for Arbitration in Islamic  finance, Law Harmonisation Committee in Islamic Finance: Bank Negara, Zaid Ibrahim & Co, and ISRA. And AIBIM-ISRA-Musyarakah Mutanaqisah and Legal Issue.

She has conducted several trainings for office of mufti on Islamic Finance, Alternative Dispute Resolution in Islamci Finance for bankers and practitioners and Sulh al-Hatithah and Tahkim in Islamic Finance for practitioners. She is also the trainer for Diplomacy and law at INTAN as well as the trainer for Police Task Force in Human Rights. She is also the author for several books such as “ISRA Report on International Legal Framework in Islamic Finance”,  “Islamic Finance : Principles and Operation”, “Malaysian Legal History” and “Alternative Dispute Resolution: A Viable Option in Islamic Finance”, “Central Bank of Malaysia Act 2009: Uplifting the role of SAC”, “Analysis of International Islamic Finance Cases in English court”, “Empirical study at Muamalat Court, on voluminous of Islamic Finance Cases” ,“Malaysian Islamic Finance and the methods to introduce Islamic Finance into Korean Financial Market: KOREAN EMBASSY-ISRA, ISRA: 2010”. Her areas of interest are financial Criminology and victimology, Islamic finance, legal and alternative dispute resolution. She has presented papers worldwide on Islamic Finance and produced write up in international refereed journal. She is also a certified mediator and certified victimologist.

She has also contributed many article trough website suh as List of Islamic Finance Cases 1983-2010, ISRA Website via www.isra.my, Legal and Regulatory Framework in Islamic Finance, www.isra.my, List of International Islamic Finance Cases at English Court, ISRA Website via www.isra.my, Restorative justice and Prison Industry: Proposed Waqf-Based Model for creation of victim’s fund website, retrievable via http://www.restorativejustice.org/
10fulltext/yaacobhakimah/view. Besides She also has published articles in international magazines such as New Horizon, Islamic Finance News and Opalesque.

Research and Publications

Book Publications

  1. Yaacob, H. Report on International Legal Framework for Islamic Finance, 2011.
  2. Yaacob, H. Malaysian Islamic Finance and the methods to introduce Islamic Finance into Korean Financial Market: KOREAN EMBASSY-ISRA, ISRA:2010.
  3. Yaacob H. Alternative Dispute Resolution in Islamic Finance: issues and challenges (ISRA publication 2010).
  4. Yaacob H. International Legal framework of Islamic finance: CAGAMAS-ISRA edited Chapter: ISRA publication, Pearson Education Malaysia, KL: 2011.
  5. Yaacob, H. Malaysian Legal History, Ilmiah Publisher, KL: 2004.
Journal Publications
  1. International Institutions established for islamic finance: where are we heading to? Journal for Conflict Resolution, Wiley, CRQ-10-0050. (ISI)
  2. Tax Incentive for Islamic Finance in Malaysia: Current Law Journal, (Legal Network Series) Vol 1, 2010.
  3. The Central Banking Act 2009: uplifting the integrity and the Role of the Shariah Advisory Council (ISRA research paper : 6/2010).
  4. International Convention for Islamic Finance:  Towards a Standardization and Compliance of Legal Framework. (Paper for the AAOIFI Conference)
  5. Party Autonomy over Jurisdiction Clause in Islamic Finance in the light of Rome Convention and Shamil Bank of Bahrain v. Beximco Pharmaceuticals (International Journal of Accounting, Governance & Societies (IJAGS), Universiti Utara Malaysia (UUM).(Refereed)
  6. “Safety on public transportation in South East Asia”, victimology and human security, The 13th  International Symposium Journal on Victimology, August 23-28, 2009, Tokiwa University, Mito Japan (Refereed)
  7. “Victim Assistance Programme For Rape Victims in Malaysia”, Tokiwa University, Journal for Tokiwa International Victimology Institute (TIVI), 2007, Mito, Japan.(Refereed)
Paper presented
  1. “Implementation of Zakat on Islamic Financial Institution”, presented at Lanai Kijang, 20 April, 2011, presented to Bank Negara and practitioners.
  2. “Wa’ad and wa’dan in Islamic Finance”, presented at Bank Negara Malaysia, JPIT, 20 March 2011.
  3. “The Polemics of Governing Law in Islamic Finance” London Thematic Workshop, IIBI, Westlaw, Thomson Reuters collaboration 29th of Nov 2010, Canary Wharf, Thomson Reuters Building, London.
  4. “Dealing With default in Islamic Finance”, AAOIFI-World Bank Annual Conference On Islamic Banking and Finance.1&2 December 2010, Crowne Plaza Hotel, Manama, Kingdom of Bahrain.
  5. “Legal Implications of Deciding Islamic Finance Matters Within the Conventional Justice System: A Theoretical Framework”. International Banking And Finance 2010, AIKOL, Malaysia
  6. “Extra Cost of litigation Versus Hurdles Upfront In the Court System in Islamic finance Cases”. International Banking And Finance 2010, AIKOL, Malaysia
  7. “Swap: Operation and Concep as Hedging Instruments in Islamic Financial Institute”, Muzakarah Malay Archipelago-Nusantara, May 25 2009, team research.
  8. “ADR in Islamic Finance dispute: A way Forward”, The International Economics Islamic Conference (iECONS 09), 15-16 of June 2009, Legend Hotel.
  9. “ADR: The apparatus to Resolve Disputes in Islamci Finance”, held on 6-8 October 2009, Unilorin University, Nigeria.
  10. “Appropriate Dispute Resolution in Islamic Finance: upcoming legal hurdles and costs” in Islamic financial services: emerging opportunities for law/economic reforms of the developing nations” 6 - 8 October, jointly organized by: department of islamic law, faculty of law, university of ilorin-nigeria & islamic research and training institute (IRTI), IDB group, Jeddah, Saudi Arabia.
  11. “Cost-Benefit Analysis on Government’s Expenditure on Crime: Proposed Waqf-Based Model for Capital Injection”. The International Seminar on Muamalat, Islamic Economics and Finance (SMEKI 09), held on 20th and 21st of October 2009.
  12. “Justification to withdraw article 16(1)(a) Convention on Elimination of All Discrimination Against Women (CEDAW), from Syariah perspectives", 25th November 2008, paper presented to Ministry of Women and Children.
  13. “Restorative justice as a paradigm shift in Criminal Justice Systemt”, International Shariah Conference Malaysia” ISCOM, 18th-20th November 2008
  14. “Rights of crime victim and UN Declaration on rights of crime victim and abuse of power”, International Shariah Conference Malaysia, ISCOM 18-20th November 2008,
  15. “Rights of Orang Asli in Malaysia”, paper presented to the United Nation (UNHCR),on the 17th January 2008, at SUHAKAM.
  16. “Rights of Orang Asli in peninsular Malaysia from legal perspectives concerning de jure systemic denial on continuity pro tempore rights to lands, ignorance of welfare and education”, Multiculturalism and Law, University of Malaya, Third UM Law Conference, Tuesday - Wednesday, 6 - 7 May 2008,Auditorium Tun Mohd Suffian, Faculty of Law, university of Malaya.
  17. Paper presented before the commissioners on the plight of Orang Asli from legal perspectives, 5 Feb 2008, SUHAKAM.
  18. “The rights of women in Malaysia”, paper presented for Afghanistan delegates in SUHAKAM.
  19. “The Role Of Ijtihad in Birth Control and Family Planning”, working paper presented in SUFI 2004 15.12.2004-16.12.2004, ESSET Kajang, organised by Kolej Universiti Islam Malaysia (KUIM).
  20. “The evidential value of DNA  as qarinah under Islamic Law of Evidence”, Artikel Jurnal Syariah Dan Kehakiman, Kolej Universiti Islam Malaysia (KUIM), 2004.
Website publication
  1. List of Islamic Finance Cases 1983-2010, ISRA Website via www.isra.my
  2. Legal and Regulatory Framework in Islamic Finance, www.isra.my
  3. List of International Islamic Finance Cases at English Court, ISRA Website via www.isra.my
  4. Restorative justice and Prison Industry: Proposed Waqf-Based Model for creation of victim’s fund  website, retrievable via http://www.restorativejustice.org/10fulltext/yaacobhakimah/view

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