Nurul Hidayat Ab Rahman
Current Organizations / Institutes
The organizations/institutes from the scholar's latest article
Nurul Hidayat Ab Rahman has a total of 26 co-authors. Here are the top co-authors by number of shared publications:
- Rohaida Nordin
Faculty of Law Universiti Kebangsaan Malaysia Malaysia
3 shared publications - Mohd Zamre Mohd Zahir
National University of Malaysia
2 shared publications - Muhamad Sayuti Hassan
Faculty of Law, Universiti Kebangsaan Malaysia
2 shared publications - Arnita Pratiwi Arifin
University of Liverpool
1 shared publication - Athirah Mohd Anuar
Faculty of Law Universiti Kebangsaan Malaysia
1 shared publication - Azaraorni Binti Abd Rahman
Faculty of Law Universiti Kebangsaan Malaysia
1 shared publication
Latest Publications
- Open Access
- 26 May 2025
- Published by Penerbit Universiti Kebangsaan Malaysia (UKM Press) in Jurnal Undang-Undang dan Masyarakat
- Vol. 35 (1) , 27-40
Why am I different? Equal opportunities for education and effective participation of the girls in Nigeria
Education is a global human right phenomenon. An evaluation of the concept of education would show that development would not be possible without actual education. It is a factor that will help one reach his full potential and become the best version of himself, a series of steps to improve natural talent, gain knowledge in new areas, and impart knowledge to other people. Therefore, girls should have equal access and opportunities for education without discrimination due to their gender. This paper discusses the challenges of effective participation and equal opportunities for girls, with an emphasis on their right to education in terms of policy and practice. Using qualitative doctrinal research methodology, the researcher explores literatures on the obstacles to girl child education alongside existing regulations; hence, the researcher discovers that harmful traditional practices, lack of quality sanitation and hygiene, discriminatory government policies, and incessant insecurity are key challenges to the girl child regarding education. Therefore, the researcher recommends that society fosters girls' active participation, equal opportunities, and long-term success by prioritising inclusive education, empowering girls, engaging communities, and advocating policy reforms.
- 26 May 2025
- Published by Penerbit Universiti Kebangsaan Malaysia (UKM Press) in Jurnal Undang-Undang dan Masyarakat
- Vol. 35 (1) , 27-40
Open AccessWhy am I different? Equal opportunities for education and effective participation of the girls in Nigeria
Education is a global human right phenomenon. An evaluation of the concept of education would show that development would not be possible without actual education. It is a factor that will help one reach his full potential and become the best version of himself, a series of steps to improve natural talent, gain knowledge in new areas, and impart knowledge to other people. Therefore, girls should have equal access and opportunities for education without discrimination due to their gender. This paper discusses the challenges of effective participation and equal opportunities for girls, with an emphasis on their right to education in terms of policy and practice. Using qualitative doctrinal research methodology, the researcher explores literatures on the obstacles to girl child education alongside existing regulations; hence, the researcher discovers that harmful traditional practices, lack of quality sanitation and hygiene, discriminatory government policies, and incessant insecurity are key challenges to the girl child regarding education. Therefore, the researcher recommends that society fosters girls' active participation, equal opportunities, and long-term success by prioritising inclusive education, empowering girls, engaging communities, and advocating policy reforms.
- 21 March 2025
- Published by Taylor & Francis
- p. 284-296
Free, Prior, and Informed Consent (FPIC) and the Right to Self-Determination
The main objective of this chapter is to critically analyze the law in theory and practice on free, prior, and informed consent (FPIC) as part of the right to self-determination of the Indigenous peoples in ASEAN by looking at international law standards. This chapter evaluates the issues and challenges in applying the principle of FPIC in Malaysia, the Philippines, and Indonesia according to domestic law compared to international law standards. The study found that the FPIC in ASEAN member states remains a regime of unfulfilled promises. This chapter suggests several legal reforms to improve the recognition of FPIC as part of the right to self-determination of the Indigenous peoples. It will substantially complement the realization of the SDGs’ central pledge to “leave no one behind” (LNOB) and goal 16 in promoting a just, peaceful, and inclusive society. It is vital to advance the rights of Indigenous peoples, thus assisting ASEAN member states in achieving Targets 16.7 and 16.10 of SDG 16.
- 21 March 2025
- Published by Taylor & Francis
- p. 284-296
Free, Prior, and Informed Consent (FPIC) and the Right to Self-Determination
The main objective of this chapter is to critically analyze the law in theory and practice on free, prior, and informed consent (FPIC) as part of the right to self-determination of the Indigenous peoples in ASEAN by looking at international law standards. This chapter evaluates the issues and challenges in applying the principle of FPIC in Malaysia, the Philippines, and Indonesia according to domestic law compared to international law standards. The study found that the FPIC in ASEAN member states remains a regime of unfulfilled promises. This chapter suggests several legal reforms to improve the recognition of FPIC as part of the right to self-determination of the Indigenous peoples. It will substantially complement the realization of the SDGs’ central pledge to “leave no one behind” (LNOB) and goal 16 in promoting a just, peaceful, and inclusive society. It is vital to advance the rights of Indigenous peoples, thus assisting ASEAN member states in achieving Targets 16.7 and 16.10 of SDG 16.
- Open Access
- 4 December 2024
- Published by Universitas Mataram in Jurnal IUS Kajian Hukum dan Keadilan
- Vol. 12 (3) , 542-557
Criminal Acts of Physical and Non-Physical Sexual Violence in University
Sexual violence in educational environments, especially universities, is a significant social issue that needs urgent attention. This was highlighted in a case study at Hasanuddin University in 2022. There has been an increasing number of victims over the years, largely because many victims of sexual violence, both physical and non-physical, are hesitant to report due to fear of psychological impact, concerns about victim-blaming, ongoing harassment, or discrimination. The study utilized purposive sampling and combined field studies with literature reviews for data collection. Through qualitative descriptive analysis, which included interviews and literature assessments, the research explored the involvement of victims in incidents of sexual violence at the university. It was found that the role of victims at Hasanuddin University was actively involved in both physical and non-physical aspects of sexual violence. The study also discusses what regulations and measures are effective in reducing sexual violence, providing insights into how they affect the overall environment based on the experiences of victims and authorities. Keywords: Sexual Violence, University, Victimology.
- 4 December 2024
- Published by Universitas Mataram in Jurnal IUS Kajian Hukum dan Keadilan
- Vol. 12 (3) , 542-557
Open AccessCriminal Acts of Physical and Non-Physical Sexual Violence in University
Sexual violence in educational environments, especially universities, is a significant social issue that needs urgent attention. This was highlighted in a case study at Hasanuddin University in 2022. There has been an increasing number of victims over the years, largely because many victims of sexual violence, both physical and non-physical, are hesitant to report due to fear of psychological impact, concerns about victim-blaming, ongoing harassment, or discrimination. The study utilized purposive sampling and combined field studies with literature reviews for data collection. Through qualitative descriptive analysis, which included interviews and literature assessments, the research explored the involvement of victims in incidents of sexual violence at the university. It was found that the role of victims at Hasanuddin University was actively involved in both physical and non-physical aspects of sexual violence. The study also discusses what regulations and measures are effective in reducing sexual violence, providing insights into how they affect the overall environment based on the experiences of victims and authorities. Keywords: Sexual Violence, University, Victimology.
- Open Access
- 14 November 2024
- Published by Penerbit Universiti Kebangsaan Malaysia (UKM Press) in Jurnal Undang-Undang dan Masyarakat
- Vol. 34 (2) , 29-48
Climate-Displaced Children and the Protection of Their Education Rights in Malaysia
The mobility crisis caused by climate change jeopardises the development rights of children, including their education. In 2019, approximately 23.9 million people were forcibly displaced by weather-related disasters, surpassing the 8.5 million people forcibly displaced by the most prevalent causes of migration and displacement, namely conflict and violence. Climate-displaced children in Malaysia face education barriers due to exclusion policies. Relocation brings procedural, financial, and linguistic hurdles, risking dropout. Thus, governments must examine the implications of climate change on the right to education and devise solutions to address this problem in order to achieve SDG 4 which aims to ensure inclusive and equitable quality education. This study will investigate the education rights of climate-displaced children under international and Malaysian law. In addition, the practises of Thailand and the United Kingdom will be observed, as these two countries with many climate-displaced children, have robust laws protecting their educational rights, warranting scrutiny. The work is based on doctrinal and comparative legal research, as related legal concepts, principles, and selected statutory materials are reviewed and compared to implement applicable practises in our country. The data were obtained via library research and analysed using content analysis. The preeminent factors are the child's best interests and the principle of equality. The results demonstrate that Malaysian legislation needs to adhere to international legal standards that recognise children relocated due to climate change as having a right to an education. To ensure every child's developmental potential, the government must adjust for inclusive, quality education.
- 14 November 2024
- Published by Penerbit Universiti Kebangsaan Malaysia (UKM Press) in Jurnal Undang-Undang dan Masyarakat
- Vol. 34 (2) , 29-48
Open AccessClimate-Displaced Children and the Protection of Their Education Rights in Malaysia
The mobility crisis caused by climate change jeopardises the development rights of children, including their education. In 2019, approximately 23.9 million people were forcibly displaced by weather-related disasters, surpassing the 8.5 million people forcibly displaced by the most prevalent causes of migration and displacement, namely conflict and violence. Climate-displaced children in Malaysia face education barriers due to exclusion policies. Relocation brings procedural, financial, and linguistic hurdles, risking dropout. Thus, governments must examine the implications of climate change on the right to education and devise solutions to address this problem in order to achieve SDG 4 which aims to ensure inclusive and equitable quality education. This study will investigate the education rights of climate-displaced children under international and Malaysian law. In addition, the practises of Thailand and the United Kingdom will be observed, as these two countries with many climate-displaced children, have robust laws protecting their educational rights, warranting scrutiny. The work is based on doctrinal and comparative legal research, as related legal concepts, principles, and selected statutory materials are reviewed and compared to implement applicable practises in our country. The data were obtained via library research and analysed using content analysis. The preeminent factors are the child's best interests and the principle of equality. The results demonstrate that Malaysian legislation needs to adhere to international legal standards that recognise children relocated due to climate change as having a right to an education. To ensure every child's developmental potential, the government must adjust for inclusive, quality education.
- Open Access
- 7 August 2024
- Published by Universiti Sains Islam Malaysia in Malaysian Journal of Syariah and Law
- Vol. 12 (3) , 778-789
GUARDIAN'S RESPONSIBILITY FOR THE WELFARE OF CHILDREN IN MARRIAGE: A STUDY ACCORDING TO ISLAMIC LAW
In Islam, guardianship is a fundamental pillar of marriage, particularly in cases involving children, highlighting the guardian's critical role in ensuring the child's welfare is fully protected before the marriage is solemnised. This responsibility is essential in preventing potential child abuse arising from the guardian's failure to safeguard the child's rights adequately. This article seeks to elucidate the Islamic legal concept of guardianship in marriage and the guardian's duty to ensure the well-being of children born within the marital union. The analysis extends to key aspects of child welfare that require careful consideration before entering marriage. The research methodology follows a content analysis approach, thoroughly examining textual and contextual elements within Islamic legal sources, scholarly writings, and relevant documents. The research is based on two primary theoretical frameworks, namely Maqasid al-Shari’ah, which provides a comprehensive understanding of how guardianship aligns with the broader objectives of Shari’ah, and Fiqh, which offers a detailed exploration of specific legal rulings across various schools of thought. The findings highlight that, despite the guardian's inherent discretion in facilitating a marriage, Islamic law obliges the guardian to prioritise and take responsibility for the child's welfare. This obligation stems from the understanding that, by overseeing the marriage, the guardian is also accountable for protecting the child from harm throughout the marital period. This study contributes to the scholarly discourse on Islamic family law, providing insights into the theoretical foundations and practical implications of guardianship and child welfare within Islamic marriages.
- 7 August 2024
- Published by Universiti Sains Islam Malaysia in Malaysian Journal of Syariah and Law
- Vol. 12 (3) , 778-789
Open AccessGUARDIAN'S RESPONSIBILITY FOR THE WELFARE OF CHILDREN IN MARRIAGE: A STUDY ACCORDING TO ISLAMIC LAW
In Islam, guardianship is a fundamental pillar of marriage, particularly in cases involving children, highlighting the guardian's critical role in ensuring the child's welfare is fully protected before the marriage is solemnised. This responsibility is essential in preventing potential child abuse arising from the guardian's failure to safeguard the child's rights adequately. This article seeks to elucidate the Islamic legal concept of guardianship in marriage and the guardian's duty to ensure the well-being of children born within the marital union. The analysis extends to key aspects of child welfare that require careful consideration before entering marriage. The research methodology follows a content analysis approach, thoroughly examining textual and contextual elements within Islamic legal sources, scholarly writings, and relevant documents. The research is based on two primary theoretical frameworks, namely Maqasid al-Shari’ah, which provides a comprehensive understanding of how guardianship aligns with the broader objectives of Shari’ah, and Fiqh, which offers a detailed exploration of specific legal rulings across various schools of thought. The findings highlight that, despite the guardian's inherent discretion in facilitating a marriage, Islamic law obliges the guardian to prioritise and take responsibility for the child's welfare. This obligation stems from the understanding that, by overseeing the marriage, the guardian is also accountable for protecting the child from harm throughout the marital period. This study contributes to the scholarly discourse on Islamic family law, providing insights into the theoretical foundations and practical implications of guardianship and child welfare within Islamic marriages.
- Open Access
- 1 January 2024
- Published by EDP Sciences in E3S Web of Conferences
- Vol. 599, 05001
Empowering Children as Agents of Climate Resilience: Integrating Education for SDG 13
As the world faces the challenges of climate change, its extensive effects are experienced in many areas of human life, emphasizing the urgent need to acknowledge its frequently overlooked consequences on the most susceptible individuals, particularly children. This study examines the Convention on the Rights of the Child (CRC), which provides detailed guidelines on children’s rights in this challenge, aligning with the Sustainable Development Goal (SDG) 13. Furthermore, this research emphasizes the pivotal role of children as agents of change, particularly through the integration of education as outlined in Target 13.3. Grounded in socio-legal research conducted qualitatively, all data were meticulously gathered through library research and subjected to thorough analysis using the content analysis method. The paramount considerations revolve around the child’s best interests and developmental rights. The study affirms that children have the rights to a healthy environment, education, and participation in addressing climate change. However, their limited awareness hinders their ability to participate effectively, leaving them vulnerable and unprepared for the future. These findings underscore the imperative of taking proactive measures such as incorporating Education for Sustainable Development (ESD) into school curricula, involving children in decision-making processes, and fostering awareness of sustainable living practices.
- 1 January 2024
- Published by EDP Sciences in E3S Web of Conferences
- Vol. 599, 05001
Open AccessEmpowering Children as Agents of Climate Resilience: Integrating Education for SDG 13
As the world faces the challenges of climate change, its extensive effects are experienced in many areas of human life, emphasizing the urgent need to acknowledge its frequently overlooked consequences on the most susceptible individuals, particularly children. This study examines the Convention on the Rights of the Child (CRC), which provides detailed guidelines on children’s rights in this challenge, aligning with the Sustainable Development Goal (SDG) 13. Furthermore, this research emphasizes the pivotal role of children as agents of change, particularly through the integration of education as outlined in Target 13.3. Grounded in socio-legal research conducted qualitatively, all data were meticulously gathered through library research and subjected to thorough analysis using the content analysis method. The paramount considerations revolve around the child’s best interests and developmental rights. The study affirms that children have the rights to a healthy environment, education, and participation in addressing climate change. However, their limited awareness hinders their ability to participate effectively, leaving them vulnerable and unprepared for the future. These findings underscore the imperative of taking proactive measures such as incorporating Education for Sustainable Development (ESD) into school curricula, involving children in decision-making processes, and fostering awareness of sustainable living practices.
- Open Access
- 30 October 2023
- Published by Universitas Ahmad Dahlan in Jurnal Hukum Novelty
- Vol. 14 (2) , 288-303
Empowering SDG 16: Electronics-Based Criminal Law Policy to Combat Sexual Violence in Indonesia
Introduction to The Problem: Increasing cases of sexual violence, particularly against women, heighten concerns, prompting this group to be vigilant in self-protection. The lack of clarity on electronic-based sexual violence in the TPKS Law may lead to varied interpretations among law enforcement agencies. A normative study is crucial to discern the legislative intent and rationale, ensuring inclusion of these provisions in the TPKS Law. An ideal electronic-based criminal law policy is needed to universally safeguard victims, aligning with the principles of human dignity outlined in SDG 16 of the Global Agenda 2030. Purpose/Objective Study: This investigation sought to delineate the contours of Indonesia's legislative framework pertaining to electronic-based sexual violence within the ambit of criminal law policy. The significance of this inquiry lies in its inherent alignment with and contribution to the realization of Sustainable Development Goal 16, which fundamentally advocates for the promotion of peace, justice, and the fortification of robust institutional frameworks. Design/Methodology/Approach: The research method used is normative legal research with a statutory approach and qualitative analysis. Findings: Law Number 12 of 2022 addresses electronic-based sexual violence in Article 14(1) (a) and (b) but presents drawbacks, particularly concerning consensual consent. Recommending amendments to these articles is crucial to avoid discord with other regulations, striving for an optimal criminal law policy in Indonesia. Legal reforms should consider societal issues and contribute to effective law enforcement. Electronic-based sexual violence legislation must align with both expectations and realities, acknowledging the severity of the offense as a violation of human rights and a significant criminal act under SDG 16. The Indonesian government must establish and enforce laws to combat this activity, crucial for achieving SDG 16. Proposed amendments include introducing supplementary penalties, like revoking access rights to electronic media, to deter offenders. Paper Type: Research Article
- 30 October 2023
- Published by Universitas Ahmad Dahlan in Jurnal Hukum Novelty
- Vol. 14 (2) , 288-303
Open AccessEmpowering SDG 16: Electronics-Based Criminal Law Policy to Combat Sexual Violence in Indonesia
Introduction to The Problem: Increasing cases of sexual violence, particularly against women, heighten concerns, prompting this group to be vigilant in self-protection. The lack of clarity on electronic-based sexual violence in the TPKS Law may lead to varied interpretations among law enforcement agencies. A normative study is crucial to discern the legislative intent and rationale, ensuring inclusion of these provisions in the TPKS Law. An ideal electronic-based criminal law policy is needed to universally safeguard victims, aligning with the principles of human dignity outlined in SDG 16 of the Global Agenda 2030. Purpose/Objective Study: This investigation sought to delineate the contours of Indonesia's legislative framework pertaining to electronic-based sexual violence within the ambit of criminal law policy. The significance of this inquiry lies in its inherent alignment with and contribution to the realization of Sustainable Development Goal 16, which fundamentally advocates for the promotion of peace, justice, and the fortification of robust institutional frameworks. Design/Methodology/Approach: The research method used is normative legal research with a statutory approach and qualitative analysis. Findings: Law Number 12 of 2022 addresses electronic-based sexual violence in Article 14(1) (a) and (b) but presents drawbacks, particularly concerning consensual consent. Recommending amendments to these articles is crucial to avoid discord with other regulations, striving for an optimal criminal law policy in Indonesia. Legal reforms should consider societal issues and contribute to effective law enforcement. Electronic-based sexual violence legislation must align with both expectations and realities, acknowledging the severity of the offense as a violation of human rights and a significant criminal act under SDG 16. The Indonesian government must establish and enforce laws to combat this activity, crucial for achieving SDG 16. Proposed amendments include introducing supplementary penalties, like revoking access rights to electronic media, to deter offenders. Paper Type: Research Article
- Open Access
Repercussions of COVID-19 Lockdown on Implementation of Children’s Rights to Education
Lockdowns were among the control measures taken by many countries to hinder the virus from rapidly spreading. Public places had to be closed, including schools, as children are among the vulnerable groups that must always be protected. The primary purpose of this article is to explain children’s rights to education based on the Convention on the Rights of the Child (CRC) and the Sustainable Development Goals 2030 (SDG 2030). This article further investigates the consequences of COVID-19 lockdowns for ensuring that privilege for children. The article applies a qualitative method and observed that the lockdown strategy created challenges for all children with respect to receiving education, as the traditional learning pedagogy involving face-to-face meetings forcibly replaced by online learning. The principle of the best interest of the child is a primary consideration. In conclusion, governments must be responsible for providing all necessities to support education for all children, which is essential for human development.
Open AccessRepercussions of COVID-19 Lockdown on Implementation of Children’s Rights to Education
Lockdowns were among the control measures taken by many countries to hinder the virus from rapidly spreading. Public places had to be closed, including schools, as children are among the vulnerable groups that must always be protected. The primary purpose of this article is to explain children’s rights to education based on the Convention on the Rights of the Child (CRC) and the Sustainable Development Goals 2030 (SDG 2030). This article further investigates the consequences of COVID-19 lockdowns for ensuring that privilege for children. The article applies a qualitative method and observed that the lockdown strategy created challenges for all children with respect to receiving education, as the traditional learning pedagogy involving face-to-face meetings forcibly replaced by online learning. The principle of the best interest of the child is a primary consideration. In conclusion, governments must be responsible for providing all necessities to support education for all children, which is essential for human development.
- Open Access
- 22 December 2022
- Published by Atlantis Press SARL
- p. 164-177
Digital Era Education: Re-evaluating Children’s Rights to the Internet
- 22 December 2022
- Published by Atlantis Press SARL
- p. 164-177
Open AccessDigital Era Education: Re-evaluating Children’s Rights to the Internet