KembaraXtra – Legal Terms – Joinder of Defendants
Joinder of defendants involves including two or more individuals in the same indictment and trying them together in one trial. This commonly occurs where the defendants are alleged to have been involved in the same offence or series of offences.
Even where defendants have different roles, such as principal and accessory, they may still be tried together. In cases like conspiracy, joint trials are common, and a defendant may be convicted even if others are acquitted.
However, the court may order separate trials if a joint trial would cause unfairness. For example, if evidence against one defendant would prejudice another, or if one defendant is expected to testify against another, separate proceedings may be necessary.

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KembaraXtra – Legal Terms – Joinder of Charges
Joinder of charges occurs when more than one criminal charge is included in a single indictment. This is typically permitted where the offences arise from the same facts or form part of a series of similar or connected acts.
The purpose is to streamline proceedings and avoid multiple trials. However, courts must ensure that such joinder does not prejudice the defendant’s right to a fair trial.

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​KembaraXtra – Legal Terms – Joinder of Causes of Action


Joinder of causes of action refers to the combination of multiple legal claims within a single set of proceedings. This allows a claimant to resolve related disputes together rather than through separate actions.


This approach improves efficiency by saving time and reducing legal costs, while also ensuring consistent outcomes across related claims. Courts generally permit joinder where it is convenient and just to do so.

KembaraXtra – Legal Terms – Jobseeker’s Allowance (JSA)
Jobseeker’s Allowance (JSA) is a state benefit provided to individuals who are unemployed but actively seeking work. It replaced earlier benefits such as unemployment benefit and income support for jobseekers.
There are two main types of JSA: contribution-based and income-based. Contribution-based JSA is available to those who have made sufficient National Insurance contributions and is usually time-limited, while income-based JSA is means-tested and may continue as long as eligibility criteria are satisfied.
To qualify, claimants must be available for work, actively seeking employment, and must have entered into a Jobseeker’s Agreement. Over time, income-based JSA has been largely replaced by universal credit.

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​KembaraXtra – Legal Terms – Jobseeker’s Agreement


A Jobseeker’s Agreement is a formal document that must be signed by a claimant seeking jobseeker’s allowance together with their JobCentre adviser. It outlines the responsibilities and expectations placed on the claimant in their efforts to secure employment.


The agreement specifies the type of work the claimant is willing to accept, any restrictions on availability, and the steps they agree to take in seeking work. Failure to comply with these terms may result in sanctions or suspension of benefits.

Islamic Contract Law – Bargain Theory (English Law) Comparison


1. What is Bargain Theory? (English Law)

• A contract is based on a bargain (exchange) between parties
• Each party must:
  • Give something
  • Receive something in return

👉 This “something” is called consideration


Simple Example

• A sells a laptop to B for RM1000
• A gives: laptop
• B gives: RM1000

👉 This exchange = bargain → valid contract


2. Key Features of Bargain Theory

• Focus on:
  • Exchange of value
• Requires:
  • Consideration
• Principle:
  • “No consideration = no contract”
• Law is concerned with:
  • What is exchanged, not morality

3. Examples of Bargain Theory
a. Sale Contract

• Goods exchanged for money
• Profit comes from:
  • Price difference

b. Service Contract

• Work/services exchanged for payment

c. Debt Agreement

• Loan given → repayment promised

4. What is NOT a Bargain (in English Law)

• Pure promise:
  • “I will give you RM1000” ❌
• No exchange → no consideration

👉 Not a valid contract (unless formalised as a deed)


5. Comparison with Islamic Contract Law
A. Core Foundation

• Bargain Theory (English Law)
  • Based on:
    • Exchange (consideration)
• Islamic Contract Law
  • Based on:
    • Fulfilment of obligations
    • Moral + legal duty

B. Role of Consideration

• English Law
  • Essential requirement
• Islamic Contract Law
  • Not required in the same strict sense
  • Focus is on:
    • Consent
    • Lawful subject matter

C. Treatment of Promises

• English Law
  • Not binding without consideration
• Islamic Contract Law
  • Can be binding:
    • Morally
    • Sometimes legally

D. Focus of the System

• English Law
  • Economic exchange
  • Legal enforceability
• Islamic Contract Law
  • Ethical responsibility
  • Justice and fairness

6. Key Difference (Very Important)

• Bargain Theory
  • Contract = exchange of value
• Islamic Contract Law
  • Contract = binding obligation that must be fulfilled

Final Summary

• Bargain theory explains contracts as:
  • Mutual exchange (consideration-based)
• Islamic contract law is broader:
  • Includes:
    • Exchange-based contracts
    • Non-exchange obligations (promises, covenants, oaths)

One-Line Comparison

• Bargain theory = “You give something, I give something”
• Islamic contract law = “Once you commit, you must fulfil”

If you want, we can move next to will theory—it’s another key comparison often asked in exams.

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KembaraXtra – Legal Terms – Jactitation of Marriage
Jactitation of marriage refers to a false claim made by a person that they are married to someone when in reality no such marriage exists. Historically, this could lead to legal proceedings aimed at stopping the spread of such false assertions, particularly where they could harm reputation or create legal confusion.
Although proceedings for jactitation were abolished by the Family Law Act 1986, the courts may still grant an injunction to restrain such claims. This is important where repeated false statements could lead to a presumption of marriage or other unintended legal consequences.

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​Islamic Contract Law – Will Theory (English Law) Comparison


1. What is Will Theory? (English Law)

• Contract is based on the free will (intention) of the parties
• Emphasises:
  • Freedom of contract
  • Parties are free to decide:
    • Whether to contract
    • Terms of the contract

👉 Key idea:

• A contract is binding because parties intended it

Simple Example

• A and B agree:
  • A sells a car for RM5,000
• Both willingly agree

👉 Contract is valid because:

• There is mutual intention (meeting of minds)

2. Key Features of Will Theory

• Focus on:
  • Consent and intention
• Emphasises:
  • Freedom
  • Autonomy of parties
• Law respects:
  • What parties choose to agree on

3. Examples of Will Theory
a. Negotiated Contract

• Parties freely negotiate terms
• Example:
  • Price, delivery, conditions

b. Customised Agreements

• Parties create their own terms
• Law enforces:
  • Their chosen arrangement

c. Business Deals

• Companies structure contracts based on:
  • Mutual consent and interests

4. Limitations of Will Theory

• Freedom is not absolute
• Law may restrict contracts involving:
  • Illegality
  • Fraud
  • Misrepresentation
  • Unfairness

5. Comparison with Islamic Contract Law
A. Core Foundation

• Will Theory (English Law)
  • Contract based on:
    • Intention and consent
• Islamic Contract Law
  • Based on:
    • Consent + obligation to fulfil
    • Moral and legal responsibility

B. Freedom of Contract

• English Law
  • Strong emphasis on:
    • Freedom to contract
• Islamic Contract Law
  • Freedom exists but is:
    • Limited by Shariah principles
  • Must avoid:
    • Riba (interest)
    • Gharar (excessive uncertainty)
    • Unlawful subject matter

C. Role of Morality

• English Law
  • Focus on:
    • Legal validity
• Islamic Contract Law
  • Combines:
    • Legal + ethical + religious values

D. Binding Nature

• Will Theory
  • Binding because:
    • Parties intended it
• Islamic Contract Law
  • Binding because:
    • Parties agreed
    • And must fulfil obligations as a duty

6. Key Difference (Very Important)

• Will Theory
  • Contract = expression of free will
• Islamic Contract Law
  • Contract = binding commitment governed by law and morality

Final Summary

• Will theory focuses on:
  • Freedom and intention of parties
• Islamic contract law:
  • Accepts intention
  • But adds:
    • Moral responsibility
    • Religious accountability
    • Substantive limits (Shariah rules)

One-Line Comparison

• Will theory = “What parties intend becomes law”
• Islamic contract law = “What parties agree must be lawful and fulfilled”