lawkingdom: My Expression

Showing posts with label My Expression. Show all posts

Hijrah

I have decided to upgrade. So this Hijrah is in order. So here is where I will be from now on. Hopefully this move will bring self improvement, self gratification and self salvation for myself and who knows others too :-)

Sydney Law School Postgraduate Conference

My recent trip to Sydney was actually planned around my intention of attending this programme - Sydney Law School Postgraduate Conference on the 29 of October. It was a whole day programme held at the Sydney Law School, University of Sydney with 'Law and Social Reality' as the theme of the conference.

The New Law School Building

The Keynote Speaker was Prof Jane Goodman-Delahunty. Her talk was focused on the need for more empirical legal studies to foster 'evidence-based decisions to promote social, procedural and distributive justice within organisations and the community'. She strongly promotes legal researchers to embark on inter-disciplinary research and create a cooperative ventures with researchers from other disciplines.

One of the papers presented really interest me - the one by Sonya Willis, on 'Civil Procedure Meets Social Reality: Can Case Management Really Help with the Unending Quest for Justice?'. She presented on what is considered as case management especially in NSW and whether the right to a fair hearing came into apparent conflict with principles of case management.

I specifically asked on whether ADR played any role in the Case Management... Although the overall answer to that - would be it depends...but based on Ms Wilis experiences in litigating civil cases, especially, some cases are worst of with the presence of compulsory ADR. Hmmmm....more points to ponder....

One of the presenters...on Singapore Environmental Reforms ;-)

Anyway, it was great to have the chance to see the university and experienced the running and 'connection' from within, since it is the oldest university in Australia :-) I hope to be back some day!

University of Sydney's Oxbridge-inspired grounds...

Fighting for better education experience...

I am turning October into a training month (it seems). I was only initially thinking of attending the ‘NVivo 8’ courses for navigating my data. But ‘news’ that LTU is ‘closing down’ its training unit to students by the end of the year, had me also registering for the ‘Word 2007 – Long Document & Thesis Formatting’ courses for navigating and formatting my theses. I don’t understand why such course of action is taken, considering that we (students) had to pay for most of the trainings.

The training unit and the LTU Postgraduate Association are still fighting the decision, but still it’s rather risky to wait & ponder whether it will be around next year, so that means I had to cramp 4 days of training in the midst of my transcription process! It’s sickening to see how unis such as LTU is run nowadays – more so like a corporation rather than a uni. It’s beginning to be more about money instead of quality education and experience. They are happy to take all your money, but they’re reluctant to grant you the services you paid for.

Recently, all the postgraduate students in my room, including me, had to be relocated to another room in 2-3 weeks time so that our current room can be converted into an office to accommodate administrative staff. We actually wrote a memorandum expressing our concerns of the recent request to relocate us. This request was actually one of many proposals which had disrupted our working environment in the past twelve months.

These amongst others include informing us in November 2009 that the carpet would be re-laid in the current room by Christmas 2009 and were asked to pack and clear our workstations in expectation of such work. But after several communications with the administrators in between December 2009 to June 2010, the scheduled work did not proceed. We were left in anticipation of such work for months, wondering whether it’s a good idea to pack or unpack. Then in April 2010, the builders removed a wall and workstation in the room without any notice. This sudden renovation left one of my colleagues without a work space and caused major disruption to her work environment.

We felt that we are losing our rights as postgraduate student by the days… Hence, in the memo we highlighted that “we are concerned that the Faculty has failed to accommodate the needs of postgraduate students, especially in terms of the lack of consultation on our part. In addition, the Faculty does not appear to have long term plan for the provision of suitable working space for doctoral/postgraduate students. We belief the message that the Faculty is sending us by such actions is not encouraging of research and learning.”

I personally think the memo would not make much different with our recent situation, but at the very least, we have expressed our thoughts over the matter and hopefully in the future, we don’t get trampled all over that easily! Seriously, it’s about having the best of education experiences, not managing the politics of it. Thinking back, it doesn’t seem that Malaysian unis are doing that bad; seriously!

Saving Safely

In the midst of my interviewing activities, I have forgotten to update on my previous post. Anyway, my respondents have now reached 20 plus people. I am actually cringing over the thought that the numbers might reach 30 or even more. Transcription as have been expected is a different story altogether. I am ashamed to admit the numbers of transcription that I have completed (or not completed). What made it more complicated, when some of the interviews were bilingual. This means I have to do a double transcription for each and every one of those interviews. I would rather play with the children than DOING THAT!

To add to those complications, I have issues in arranging and save-keeping orderly and privately the audio files and transcription documents. I recently got the scare of my PhD ‘data collection’ life, when I lost track of one the transcriptions. I finally decided to upload all the files in Google Doc and put a lock & password on it…pheeewww….I now can keep track of the files safely and ensuring all the data privacy, even if - Allah forbids - I lost my physical storage in whatever forms that I have now.

I guess I should have done that a long time ago, even with the chapters I’m writing. It’s fairly very easy and up to a limit of 1 GB, everything (well most of everything) can be uploaded for free. I am using Google, since I have an account with them. There are basically a whole lot more place/space you can do it in the web, some with a small amount of premium per-annum/month. Happy saving!

Intricacies of Interviews in Malaysia

Interviews requires a certain amount of skills & techniques. Lots of references out there will discuss most of those skills & techniques. However, when conducting interviews in Malaysia, there are some other matters that needs 'extra' consideration.

I personally think, in Malaysia most of the time when you are given the interview appointment, you are halfway there in your data collection. Once the appointment is given, most informants will not be holding back. They would usually share with you all the information you required from them.

But to get the consent to be interviewed is another story altogether. A lot depends on who the informants are or more specifically who they worked with.

TBC...

ASLI

ASLI conference started yesterday with a rather broad theme ''Law in a Pluralist Asia: Challenges and Prospects". The conference's presentations were divided into several plenary sessions and posters presentations. I think there's just too many interesting papers running at the same time, it's simply unfair for participants. I had the chance to sit in the Family & Children plenary session. I felt the time given to presenters was rather limited, imagine 1 hour for 5 papers of different gists and another 30 minutes or so for Q & A. Maybe I am rather naive, but that kind of arrangement defeated the main purpose you presented in the first place - sharing knowledge. I was also suprised that I didn't meet more familiar faces there, except for several of my former lecturers. Anyway, it was nice to see old friend Sonny, Kak Sham and also Ustaz (Dr.) Naim eventhough it's just a short chat between them.

The Family & Children Plenary Session

Kak Sham with all her Australian friends ;-D

Dissecting the Oxymoron in 'Study Leave'

Study Leave...How can one be on leave and studying at the same time? Being on leave always have the connotation that you are free to do what you don't normally do when you are not on leave. Be it, taking a break or rest from work, go on holiday, enjoying the company of your family, etc..etc.. And I doubt study or in the postgraduate sense, research(ing something) is considered something you would want to freely/readily do during your leave ;-P

It gets worst & frustrating when others around you tend to have this misunderstanding that you are free to do whatever you want or feel like doing during your study leave. Only those in the same PhD hole would know that is a whole lot of BS! It makes you want to just wear a T-shirt plastered with "I may look like I am on leave but my brain is running up & down trying to finish my PhD!!" every time people ask you, how long are you going to be on leave or asking you to do something because they thought you are free to do them?

Being on a ‘study leave’ also, has the connotation that you are suppose to be on leave ‘more’ instead of studying. It does not reflect the fact that you are given the leave for a serious business - pursuing your study. It may also tricked you into thinking that you have all the time in world to finish your research, since you are on ‘leave’. And walla! Suddenly you have run out of your entitled leave, the fun part - ‘the leave’ is gone, yet the serious part - ‘the study’ has not been completed! :-(

I believe the term 'study leave' is somewhat inaccurate and has more negative connotations than positive ones. It should be changed into some other phrase/term, for instance perhaps ‘study exemption’ or some other phrase/term that rhymes closer to the reality of those being on study leave, especially PhD. So...any suggestions?

Confirmation?

My research presentation went smoothly today, Alhamdulillah. But one thing for sure, it leads to more queries and issues that need attending. Arrghhhh...when is it going to be over??? Feels like forever!

Professional Communication and Interpersonal Skills

This workshop brought me to a journey of self discovery. Always has been an assertive person in communication and stand, my career years in an "Asian" culture organisation has definitely mellowed me. Adding to those years, with the time spent in Australia, striving for a PhD has somewhat 'make' it even worst! I am no longer 'proud' to be assertive, instead slowly regressing into a passive aggresive kinda person , ouch!

The 3 hour workshop made me rethink of various aspects of my personal and professional life. I assume a lot things, which is dangerous. A good researcher, good worker, good person must not assume, all conclusions must be based on facts not hearsay. My PhD must not be based on mere assumptions. My career must not be sacrificed solely based on hearsay. My life must not hang in the balance of my 'negative' preconceptions.

Attending this workshop is not merely in preparation for my next task, it's a soul searching avenue for me, because in less than 2 years, I'll be back 'out there'. May I turn into a better person, worker and researcher, Insya Allah.

Find & Hold

The Borchardt Library, LTU, is undergoing a major 9.5 m worth of renovation on 2 of its 3 level. And I just found out! Ahhh... and I thought, all the construction signs outside the library stairs are for redeveloping some new shops in the AGORA. The library will soon moves its current entrance from level 2 to level 1, facing the AGORA, in a bit to have more spaces for workstations, incorporate the increased usage of technology and look more contemporary. The library has also moved all of its old books & monographs to an offsite location at Waterdale Road, known as 'Bundoora Annexe' and moved all the general collections on level 3 from its current location from one space to another on level 3 itself, depending on where the ongoing constructions are at the time.

Sounds like a whole lot of headache to me. And the best question is how do I find books now? Well, it involves a combination of human contact (& kudrat) & technology, of course. For books still in the library, I have to enquire at the Inquiry/ Loans desk(s) of the library. While for books and journal volumes/issues held at the Bundoora Annexe, I have to find them online, if available in an electronic version or else the hardcopies are available for loan. I just need to request the material for retrieval using the usual 'hold' services. The material will be delivered to the requesting library's "Hold" shelf. The items will normally be retrieved and returned to the "Hold" shelf Bundoora Reserve area within 24 hours for pick up after 1pm. Hmmm...it's just my luck, then, if can't find my original source and have to return to the library for them. Well, look at the bright side, I'll have an almost brand new library...sometime this year ;-)

The projected 'look' of the new level 1 entrance - once its ready

Back at Work

(Photo Courtesy of Guardian.co.uk)

Hmmm.... a familiar picture? Finally, I have to be back at work. Not to say that all this while I am not working, I am...that is flexing all my muscle catering for the family and all. My break was short, and to tell you the truth, the complication of the baby's labour this time, really have some toll on me. But as they say "A Mother's Work is Never Done", so TRUE, but worst my "PhD Work will Never Get Done" if I keep with my current phase. So I must be strong for everybody and keep on going!

(Photo Courtesy of Replacements.Ltd)

EPU Approved

Alhamdulillah, after almost 3 weeks, my EPU application to conduct research in Malaysia has been approved earlier this week. All communications, forms and attachment were sent either through email or online directly into their system. I need to collect the research pass in person, though. Now I can focus on the ethics application, which would be easier with the EPU approval on side. Slightly slower than planned, but surely Insya Allah I will complete this phase.

Setback...temporary?

Dealing with government can be a hassle, dealing Malaysian government can be .......???

Sometimes giving them too much information can be a disadvantage instead of an advantage...

Sometimes they don't even know what they have and do not have...

Sometimes they ask for all sorts of things or require all sorts of process that even they themselves would like to skip or avoid...

Sometimes it's your own mistake...

Sometimes it's an error of judgment on their part...

Sometimes ...sometimes...sometimes...

But I consider this a temporary setback! I'll go around it somehow, Insya Allah.

Crazy

The editing of a chapter can drives anyone crazy, and facing a sv like mine while editing can drives you to the brink of insanity. Sometimes you wonder...is this guy trying to slow you down?! Yes..No..Yes & No...Arghhhh!!

Anyway, all my editing process has been 'ding-dong belled' for several times already. For some of them I lost count of which draft version they are. I send them for review, he did it in less than a week, I fixed it, send it back...and walla! he found new ones to fix…and the cycle goes on & on. Even the comas and semicolons and what not will need fixing. Sometimes he’d ask me to incorporate new points, which meant more time and more re-editing. Will I ever finish all of this on time?

Well, at least I proved to him, I can still work up to the last days of my pregnancy. He was rather skeptical based on his past experience with expectant mothers being student. Anyway, soon everybody will be on holiday or holiday mood. The university will be in total shut-down for 2 weeks and in leisure mode up to the end of January, which means an almost zero movement (from others, including all the svs and administrators)….ahhh time flies again! Who wouldn't be nuts thinking about it.

Statistics for Stat Dummies - like me ;-)

For the past 2-3 days, I have been fiddling with one paragraph in my overview chapter which basically states - the divorce rate in Malaysia is high and has been escalating for some time. I have given some basic statistics to 'prove' that contention. (Rasanya sedap2 dah ayat2 ku itu..hu..hu..hu)

My supervisor later returned the chapter to me, circling the word 'high'. I had to actually sit down with him to discuss 'what's wrong with that?' I just don't see it, because in my opinion numbers don't lie (people do, though).

He said the word 'high' is an emotional word. Since I am not a tabloid writer it should be avoided, unless I can actually show that it is. How do I do that?

Well, according to him, quoting one year off the statistic is not enough. It does not show a trend or pattern. It does not show the numbers in a comparison perspective either. So how do I know it's high or it's escalating? huh...

While my brain was think "apa aku nak kelentong ni?", well he beats me to it and said, "Fadzlina, I am sure you can get more stats than this. Don't be bone-lazy (or is it the other way around?)" huh..kena balik kat aku..

That and the fact that once I have those statistic, I must know how to use them. Help! Lemau betul. I hate statistic or whatever looks like the letter "E" terbalik.

So I just slept on all his remarks for one night and spent the last few days looking for the stats and tried to understand them, so that I can actually quote them accordingly. Hahh! So much time spent just fixing one paragraph. Tu baru satu, you know...many more awaits my response. Duh..that's how my sv "squeeze" me to work. Yep, felt like a dummy most of the time, but once I got it, it's EUREKA! Well, at least for that paragraph ler...:-P

Are you afraid of your own shadow?

After passing my one year mark, I found that in PhD life you are bound to find people who are 'reluctant' to share their experiences in their research undertakings. It got even worst, if you are doing something in the same area. Perhaps they are afraid that their ideas will be taken up by others. Well, it's a genuine fear.

But then again, it is a PhD endeavour. Unless, you copied the thesis word per word (which would be plagiarism anyway), it's highly unlikely that anyone taking up on your idea would actually produce a thesis as similar as yours. There's just so many things that needs factoring in, that would make one thesis slightly different or way off different than another, even if you are doing the same area.

Sharing your experiences and a whole lot of useful information actually lift up the spirits of your fellow PhD mates. They know that they are not alone and at least they are heading in the right direction. Sometimes motivational words are not enough, you'd need to have some technical advice so you don't fall into the same pit that previous candidates did.

I believe in the concept of 'rezeki'. Perhaps, I faced lots of trouble doing my research, but by sharing with others my experience and warning them against these pitfalls, I maybe easing some of their pathway towards their PhD. What's wrong with that? And Allah is all knowing. One day, my assistance will come, maybe not in this PhD timeframe, but some other time. Insya Allah :-)

Stalled

Since arriving, I have not been able to look at my research at all. I keep doing housekeeping & office cleaning/sorting, but that's it. Am too tired to move around and longing for my second pair of hands to come back soon...;-) Luckily, the semester is having a break, so I can dodge my SV for a while. Still, my clock is counting down 'loud' and 'clear':-(

Perspective, Hearsay & Context

I am at UKM to get another current perspective of Malaysian family law and the issues affecting it from an academician view, after several attempts to get one from the practitioner met with a deadlock. However, PM NAMA has been working with several committees of the relevant government department, so her views may be a bit generalize, but an accurate generalization of the current situation. Instead of being too 'right' or 'left', she believes in getting a practical solution to problems based on what is on the plate as much as possible and if it’s impractical suggest a solution that make sense practically and legally.

She stressed on the fact that in establishing the context of the problem, I must not based my argument on hearsay but on proper statistics and if there’s none, conduct my own survey on the current situation. It means more time needed to be spent establishing and proofing the research problem rather than head straight on the solution that I plan on suggesting. :-(

She was right when she said that postgraduate students needed to do some groundwork before embarking on their chosen area/topic and their PhDs. But truth be told, a lot of us, including me, are groping in the dark because my young career background has not exposed me to a lot of contact and network. We have various reason for choosing to do PhD, choosing the area and the topic we ended with. Whatever it is, at the end of the day, we hoped to find some light perhaps the harder way, but finally finding our way …home.

Continuing Progress

Finally, the day to be in Putrajaya finally arrived. I literally dragged myself out of bed, after dah terlelap earlier on. Bad move, it’s a nightmare finding a parking spot! Should’ve have gone there at 6.30 & slept in the car instead he..he..he (I bet, tah2 in Ramadhan people actually come directly to the Office Complexes after Suboh) Luckily I was early. I spent 20 minutes looking for a spot that’s not even a legal parking space. But Alhamdulillah, with the size of my car, I got a very nice spot just a few metres from the AGC.

Today's plans were:

to continue exploring ideas and establishing personal and professional contacts;
to seek out suitable documents;
to establish what is the policy (govt) development in regard to my area of study.

I initially had some reservation before I dropped by the AGC. I read all sorts of prayer, just to make the process of getting the relevant information easier (and my life too he..he..he). Alhamdulillah, rezeki sungguh…syukur tak terkata, I actually managed to do all the above tasks. In terms of documents, someone has paved the way in getting them, and I would be next in line, Insya Allah in accessing them as soon as I write them an official letter.

I got more contacts than I could handle in this 2-3 weeks and I am now privy of the development in my area of study. The documents would actually support all this information. Now, I need to push myself harder…in order to get some more appointments & information with all these recommended contacts. Ya Allah, Kau permudahkanlah urusanku dan kawan2 seperjuangan lain. Cepatlah habis…Insya Allah, dah tak sanggup rasanya hidup begini..isk..isk..isk.

Preliminary Investigation - Progress

Before I left for Malaysia, my sv has conveyed all his expectations from the preliminary investigation plan. We met briefly for a supervision discussion before we both went overseas and amongst his expectations was to use the time in Malaysia:

to explore ideas through personal and professional contacts;
to seek out suitable documents;
to establish what is the policy (govt) development in regard to my area of study;
to ensure that the EPU approval process is under control, so that when I lodge my application things go according to plan; and
to get my Malaysian co-supervisor involved in getting a local perspective for my topic and area of discussion.

It is expected that when I return, I'll have a much clearer idea of who I should be interviewing and the issues that should be discussed. So far, I've made some progress in getting all the above expectations fulfilled before my return back to Melbourne soon.

Malaysian co-supervisor:

My Svs were very happy with my choice of co-sv in Malaysia. She recently got promoted to Associate Prof and her Malaysian networking is very much advantageous to my work. I have met AP Dr. NAB before, but this was our first personal discussion with each other. She was more than happy to accept me as her student, due to the win-win situation involved in the arrangement of supervision and the area I chose was very much her cup of tea. Unfortunately, up to the day I met her Latrobe University has yet to send her a formal appointment letter (buek malu jo) Regardless, we continued with our discussion.

In regard to the topic, although I’m sure of the focus, but contents wise, she stressed the importance of highlighting the Sulh program as part of the background context of the thesis. She also gave a valuable insight on how to include the information received from key informants in the thesis through the methodology chosen, thus avoiding the thesis from looking patchy or without a flow.

According to her, two important elements of a PhD thesis, contribution to knowledge and originality must be present, which made me requesting her to highlight some of the recent PhD topics in Family law under her supervision. It seems that socio-legal research is an ‘in’ thing at the Law Kulliyyah nowadays. Hence, what I planned to do is generally an encouraged research plan.

AP NAB also recommended that I interview several key people and bodies, including the ex-Director General of JKSM, ex-Judges from the Civil Family Division, Registrars, Judges from the family law section and Mediators, and also the Legal Aid Bureau in order for the information received from them to contribute either in terms of context or content to the thesis. She also agreed to read and comment on my draft chapters, (which is an excellent thing for me, as she would be another set of eyes and views for me) and wished me all the best in my PhD endeavors.

Exploring Ideas and Contact:

I’ve also managed to meet Mrs. ZS, a court appointed mediator of the WPKL Syariah Court to discuss the practical aspects of the Sulh program practiced in Malaysia (well, at least in KL) and the differences of the model applied in comparison to the one in Australia. One major difference is the fact that the Sulh program has no screening process prior to its intake or first mandatory session. However, the program acknowledges that if either or both parties failed to attend the first session or if either or both parties started to make allegation against each other, then the session will not progress passed the first session and the case will be transferred for trial and decided by a judge in court.

She admitted that although the aims of the mediation session was to achieve a mutual agreement or agreed settlement between the parties but in some cases (or more) the parties seems ‘insincere’ in their joint decision making and agreement, because they either wanted to avoid more time and cost wasted in court or to avoid from the other party contesting the custody arrangement of the children. Some reasons for contesting includes when the father disagrees with the amount of maintenance requested of him. In such cases, mothers thus, would bargain the amount of maintenance in order to avoid such contest from the father of the children. In most instances, according to her, women are at a disadvantage.

According to her, considering that the program has not even reached its 10 years mark, (in fact the KL program was officially established in 2004), a review of such program is yet to be a necessity. Thus, any need for improvement is yet to be acknowledged. Furthermore, although the major aims of sulh/mediation is said to be improving the relationship between the parents post separation and help settle disputes amicably, but such aims was not the initial aims of the program. The program was establish to improve the efficiency of the court, which is what the program is generally achieving nowadays in the Islamic Family Law system in Malaysia.

In terms of training, the trainers from Australia setting up the training module for the Sulh program basically employed a negotiation or facilitative settlement model. She agreed that some training in Psychology would actually assisted the mediators in dispensing their mediation tasks. Interestingly, mediators in the Sulh program would also avoid the issue of burnout, because since they are appointed with a general title and grade, they would not be in the profession forever. They get to rotate to another post under the same grade or upgrade to another post in a higher grade in the system. I am not sure whether that’s a good or bad thing in term of improving the quality of the profession.

Anyway, the discussion gave me a better idea of the running of the program in KL currently and hopefully would put my future thesis discussion in better perspective, Insya Allah. Thanks again to Mrs. ZS for her time.

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