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The Concept of the Sovereignty of the Malay Rulers According to the Indigeneity Framework
There has been debate over whether Malaysian legal principles have ignored the concept of sovereignty which has been upheld by the Federal Constitution. Hence, this study aims to elaborate the concept of sovereigntyas stipulated in Article 181(1) of the Federal Constitution based on the indigeneity framework. This study employsthe qualitative legal history methodology. The data was collected from primary and secondary sources, as well as interviews. The results reveal that the sovereignty of the Malay rulers is based on Islamic teachings, and has never been abolished. This interpretation reveals the true position of the Malay rulers within the framework of the Federal Constitution. Thus, the legal principles and political system implemented in Malaysia have to be in line with this inherited concept of sovereignty. Keywords: Indigenous sovereignty, indigeneityframework, sovereignty of Malay Rulers, Malaysian sovereignty, Article 181(1) of the Federal Constitution. Full text: PDF
Copyright (c) 2018 Kanun:Jurnal Undang-undang Malaysia
The History of Occupational Safety Law in the United States of America and the United Kingdom, and their Influence on Malaysia
This article begins the discussion by explaining the historical development of the occupational safety law of the United Kingdom and the United States of America. Further, the discussion is widened to examine the influence of the said countries on the development of Malaysian law. In Malaysia, the development of occupational safety law started with the introduction of the Factory and Machinery Act 1967 and its regulations. Such legislation is considered to have been a good start in the development of occupational safety law. Next, the Occupational Safety and Health Act 1994 was drafted and this complemented the laws by governing almost all industries and also imposing the liability of ensuring workers' safety and health not only on employers, but also various other parties. The historical analysis method is adopted here to examine whether the law in these western countries was duplicated in their entirety in Malaysia or whether it has gone through some modification process to suit the local application. It is also worthy to note that analysis of the development of the Common Law principles is also included since its application in Malaysia was approved via the Civil Law Act 1956. Keywords: legal history, occupational safety Full text: PDF
Copyright (c) 2016 Kanun:Jurnal Undang-undang Malaysia
The Evolution of Customary Land Law in Negeri Sembilan
Land law in Malaysia is based on the Torrens System, where registration serves as the core principle that grants indisputable ownership rights over the land. Generally, the National Land Code [Act 828] governs the process of land ownership and registration, ensuring that ownership is secure and cannot be challenged by any party. This ownership covers all types of land within state boundaries. Negeri Sembilan, which practises the Adat Perpatih system, is also subject to Act 828. However, Section 4(2) of Act 828 recognises inherited laws that remain relevant to local community. The Adat Perpatih legal system is accepted as a land law still practised in Negeri Sembilan, preserving both its customary legal system and administration of Customary Land. The administration of Customary Land is based on oral law upheld by the Dato’ Lembaga and has also been codified under the Customary Tenure Enactment 1948 (CTE). For transactions involving Customary Land, the CTE provides that approval must be given by the Dato’ Lembaga. However, there is no explicit provision on how this approval is to be given and no clear terms for land development, such as stated in Act 828. When there are no clear provisions related to land development and transaction processes, it becomes difficult for the owners of Customary Land to develop the land and gain benefits from such ownership. Keywords: Registration, indisputable ownership, Adat Perpatih law, transactions, land development Full text: PDF
Copyright (c) 2025 Kanun: Jurnal Undang-undang Malaysia
The Protection of the Rights of the Accused in Syariah Criminal Cases in Malaysia: A Comparative Analysis
The rights of the accused represent a significant principle in criminal cases. Violations of these rights frequently spark debate and concern. The objective of this study is to analyse the rights of the accused in Syariah criminal cases in Malaysia and compare them with the common law legal system and the Islamic perspective. This study further seeks to identify weaknesses and challenges in the implementation of the rights of the accused within Syariah criminal proceedings in Malaysia, while proposing improvements to ensure more comprehensive and equitable protection. A qualitative approach was employed, with data obtained from primary sources such as legal statutes and reported cases, as well as secondary sources including books and journal articles. The collected data were then analysed through comparative and descriptive analysis methods. The findings of the study indicate that both Islamic law and civil law frameworks provide appropriate protection for the rights of the accused. However, several legal gaps and weaknesses were identified in the current protection mechanisms under Syariah criminal law. Based on these findings, this article suggests that the legal provisions in the Syariah Criminal Procedure Enactment be improved to ensure that the rights of the accused are more comprehensively protected, thus strengthening the administration of Syariah criminal justice in Malaysia. Keywords: Crime, rights of the accused, Syariah law, Common Law, Syariah Criminal Procedure Enactment, Criminal Procedure Code Full text: PDF
Juridical Mapping of Section 70 of the Syariah Criminal Procedure (Federal Territories) Act 1997 [Act 560]: Implications for Syariah Criminal Offences in Cyberspace)
Syariah criminal offences, once conventional in nature, have evolved in the modern era, often being associated with cybercrimes that transcend geographical boundaries. However, Syariah courts remain confined to their respective state jurisdictions, as stipulated under Schedule 2, Ninth Schedule of the Federal Constitution. This raises a critical question: are the existing legal provisions still relevant and effective in combating Syariah cybercrimes, or is there a need for legal reform? Accordingly, this study highlights the need to examine Section 70 of the Syariah Criminal Procedure (Federal Territories) Act 1997 [Act 560], along with relevant state enactments. A legal mapping method was adopted to explore the interconnection and applicability of current legal provisions in the context of cybercrime enforcement. To support this inquiry, a qualitative research design was employed. Data were collected through document analysis, and further analysed using qualitative content analysis through inductive and comparative approaches. The findings reveal that existing legal provisions under Section 70 of Act 560 require further specification and contextual application in addressing Syariah criminal offences committed in cyberspace. The study proposes the formulation of comprehensive guidelines, such as a Syariah Judicial Practice Direction, to create a uniform framework across various state jurisdictions. This would promote consistency, coordination, and enforcement of Syariah law in the face of contemporary cyber challenges. Keywords: Syariah criminal offences, cybercrimes, jurisdiction of Syariah courts, Syariah Criminal Procedure Act, cybercrime enforcement, cyberspace Full text: PDF
Analysis of Nairobi International Convention on the Removal of Wrecks 2007 Implementation by Malaysia
The Strait of Malacca is a strait used for international navigation. Although Malaysia is one of the parties to the Nairobi International Convention on the Removal of Wrecks 2007 (Nairobi Convention 2007) for removing shipwrecks in Malaysian waters, however, Malaysian laws on removing shipwrecks are still not sufficient to solve the problems that exist in the Straits of Malacca until now. This is because the removal of shipwrecks is very expensive for the parties involved, and the main problem faced by the Malaysian government is the lack of expenditure. The objective of this study is to analyze the provisions in the Nairobi Convention 2007; to identify how this Convention is implemented into Malaysian domestic law; and identify the problems that exist in the Nairobi Convention 2007 and ways to solve them. Primary sources such as international conventions and Malaysian domestic laws are used in this article. Secondary sources such as library research, website research are also important to obtain articles, online books, and newspapers. Through this study, it is foud that the Nairobi Convention 2007 aims to remove shipwrecks that pose dangers to navigation. This Convention was ratified and implemented in Malaysia in 2015 in order to be able to move shipwrecks in the Strait of Malacca, as suggested in a symposium held by the International Maritime Organization. Malaysia cannot heavily rely on the Nairobi Convention 2007 and creating its own uniform regulations for shipwreck removal is important. Appropriate action needs to be taken by Malaysia authorities to implement a comprehensive new law for the removal of shipwrecks in the Strait of Malacca. Keywords: The Strait of Malacca, shipwrecks, Nairobi Convention 2007, Cooperative Mechanism, ratification, UNCLOS 1982 Full text: PDF
Genting Malaysia Bhd Lwn Pesuruhjaya Perlindungan Data Peribadi & Ors [2022] 1 MLJ 898
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Peranan atau Kepentingan Akta Keselamatan Siber 2024 (Akta 854) untuk Mendepani Jenayah Siber: Satu Ulasan
Determination of The Proportion of Matrimonial Property ‘After The Death of a Spouse’: A Case Study at the Syariah High Court of Johor Bahru
Matrimonial property is recognised under Islamic Family Law in every state and may be claimed on the grounds of divorce, polygamy, or death even though it is not explicitly stated in the Quran or hadis. However, the law regarding the determination of the proportion of matrimonial property after the death of a spouse is not clearly provided for in any statute, which leads to confusion for parties wishing to make such claims. Therefore, the objective of this study is to identify the approach taken by the Syariah High Court of Johor Bahru in determining the distribution rate of matrimonial property in claims made after the death of a spouse. This qualitative research involves document analysis of cases reported at the Syariah High Court of Johor Bahru from 2022 to 2024. In addition, semi-structured interviews were conducted with a Syariah Judge, an assistant registrar, and a sulh officer from the same court. The findings of the study show that the proportion of claim distribution determined by the court is based on the extent of each party’s contribution. Therefore, the study suggests that a specific guideline should be formulated to outline the criteria for contribution and the time frame for claims, as well as to ensure that the determination of matrimonial property is made prior to the distribution of inheritance under faraid, in order to guarantee fairness and consistency in the implementation of such claims. Keywords: Islamic Family Law, matrimonial property, death of a spouse, distribution of matrimonial property, spousal contribution, Syariah High Court, claims Full text: PDF
The Role of Sulh and Mediation in Family Conflicts in the State of Kedah Darul Aman: Legal and Social Implications
This study explores the role of sulh and mediation in resolving family conflicts in Kedah Darul Aman, with a particular focus on their legal and social implications within the local community. Sulh, grounded in Sharia principles, adopts a spiritually and emotionally driven approach, rendering it particularly suitable for communities that uphold religious and traditional values. Conversely, mediation practised in civil courts follows a more rational, professional, and adaptable framework, making it an inclusive method for diverse societies. The study also examines socio-cultural dimensions, including family values, customs, and religious influences, to assess the effectiveness of both mechanisms in conflict resolution. Additionally, emerging developments such as technological integration and online mediation are analysed to identify challenges and opportunities in maintaining cultural sensitivity. Employing a qualitative methodology encompassing legal document analysis and a review of existing literature, the research highlights how the integration of traditional values with technological advancements can enhance the effectiveness of sulh and mediation. Findings suggest that Kedah’s family conflict resolution system remains predominantly traditional with minimal technological adaptation, yet there is considerable potential for enhancing efficiency and accessibility through digital integration. Consequently, the study advocates for comprehensive training programmes for sulh officers and mediators, equipping them with expertise in cultural norms and technological applications, alongside initiatives to raise public awareness of the benefits associated with both approaches. These measures are crucial in ensuring the continued relevance, effectiveness, and adaptability of sulh and mediation in addressing contemporary social dynamics while reinforcing the stability of familial institutions in an evolving societal framework. Keywords: Sulh and mediation, family conflicts, legal, social, legal, community implications Full text: PDF
The Role of Employers' Unions in Industrial Relations in Malaysia
This paper analyses the role of employer unions in the context of industrial relations in Malaysia. Employer unions are coalitions of employers operating in various industrial sectors across the country. There are unions or federations representing employers across diverse economic sectors, as well as associations whose members are specifically involved in particular or similar business activities. This paper focuses on their roles in various activities, such as contributing to legislative development, engaging in collective bargaining, and resolving industrial disputes. The analysis begins with the question of the role played by employer unions, particularly in the formulation of national industrial relations policies. It raises the question: Do employer unions always oppose or cooperate with the government in formulating industrial relations policies and legislation? Through a qualitative approach, this paper analyses trends and patterns of action among employer unions in Malaysia’s industrial relations by referencing statistics, association reports, books, and journal articles. The findings reveal that employer unions contribute meaningfully to national labour policies, whether through their roles in drafting or amending new legislation, engaging in collective bargaining, or participating in dispute resolution processes. Keywords: Employer associations, trade unions, industrial relations, collective bargaining, trade dispute Full text: PDF
Causes of Divorce among Middle-Aged Couples: A Study at the Syariah Court of the Federal Territory of Kuala Lumpur
Divorce among middle-aged couples has been a focal point of discussion in the media reports and academic research. Various factors contribute to the occurrence of divorce among middle-aged couples in Malaysia. This study was conducted to analyse the causes of divorce among middle-aged couples aged 40-60 at the Syariah Court of the Federal Territory of Kuala Lumpur (MSWP KL). Employing a qualitative approach, the study utilised appropriate data collection and analysis methods to achieve its stated objectives. Data collection was carried out through library research, interviews, and case studies, while the data obtained were analysed thematically and descriptively. The study identified several contributing factors to divorce among middle-aged couples in the Syariah Court of Kuala Lumpur, such as a lack of mutual understanding, issues related to the attitude and character of spouses, neglect of financial responsibilities (nafkah), religious factors, third-party interference, and the challenges associated with aging. As a resolution, the study proposed several recommendations to address and mitigate the prevalence of divorce in this demographic. Keywords: Divorce, dissolution of marriage, causes of divorce, factors of divorce, Syariah Court of the Federal Territory of Kuala Lumpur, middle-age Full Text: PDF
Enticing a Married Spouse: Legal and Moral Considerations Following the Abolition of Section 498 of the Penal Code
This article examines the abolition of the Offence of Enticing a Married Woman under Section 498 of the Penal Code and identifies laws related to morality and adultery from religious and historical perspectives. The study aims to propose recommendations for replacing the repealed provision with more appropriate legislation. A mixed-method approach was employed, involving both qualitative and quantitative methods. Data were collected through literature reviews, documentation, and surveys, and subsequently analysed using content analysis and descriptive methods, including frequency and percentage distributions. The findings indicate that the repeal of Section 498 aligns with the principles of gender equality as provided in the Federal Constitution. However, adultery remains as offense against cultural, moral, and religious values, particularly within the Muslim community in Malaysia. The repeal of this provision may have adverse implications for family and social institutions in the country. Consequently, this article advocates for the enactment of a new provision to address the offense of enticing a married spouse, regardless of whether the spouse is a husband or wife. Such provision is essential to uphold gender equality, in line with the principles upheld in the Federal Constitution. Keywords: Crime, enticing married women, morals, adultery, family, society Full Text: PDF
Legitimacy: Methods of Determining Paternity and Rights of Illegitimate Child under Malaysia's Islamic Family Law
Legitimacy in the context of Islamic family law refers to the legal status of a child within a family based on Islamic law. Legitimacy determines a child’s lineage, whether born within or outside of the marriage period. The primary distinction between an illegitimate child and a legitimate child lies in the method of determining paternity and the rights afforded to the latter. An illegitimate child cannot be attributed to his father, even if he is the biological parent. Consequently, such a child is not entitled to inheritance, maintenance, or custody from the father, often leaving the child feeling marginalized and inferior. This study examines the rights afforded to illegitimate children and explores the methods of determining paternity while proposing approaches to clarify these rights. Adopting a qualitative methodology, the research involves library research, where materials related to this topic have been critically analysed. The findings identify three main methods for determining paternity and reveal that, regardless of a child’s legitimacy status, they have rights protected under Islamic law, including Malaysia’s Islamic family law. Keywords: Illegitimate child, Islamic law, method, rights, solutions, legitimacy Full Text: PDF
Issues and Challenges in Providing Accommodation for Foreign Workers in Malaysia: An Analysis of the Employees' Minimum Standards of Housing, Accommodations and Amenities Act 1990 (Act 446)
Inadequate housing for foreign workers has long been a hallmark of the global housing crisis. While the right to adequate and safe housing is a fundamental human right, access to such housing for foreign workers is heavily influenced by the regulations of the destination country and warrants careful attention. This study explores the issues and challenges related to the provision of accommodation for foreign workers in Malaysia from a legal perspective, focusing on Section 24H of the Employees’ Minimum Standards of Housing, Accommodations and Amenities Act 1990 (Act 446), a statutory provision that employers or Centralised Labour Quarters (CLQ) provider must comply with. The research employs a qualitative methodology, analysing primary and secondary data sources, including books, journals, official government reports, and news articles. Semi-structured interviews with open-ended questions were also conducted with enforcement officers from relevant agencies and industry players, such as employers in the service and construction sectors. The findings reveal that Malaysia has a well-established legal framework governing the provision of worker accommodation, encompassing national, state, and local-level legislation. The study proposes improvements to existing laws, regulations, and policies as a solution. Keywords: Challenges, human rights, employees’ accommodation, foreign workers’ rights, amendment of Act 446, state and local government law Full Text: PDF
Prostitution Laws in Malaysia, 1916–1973: A Historical Perspective
Laws concerning prostitution are crucial for regulating such activities, yet an in-depth examination of these laws remain inadequate. Many aspects of these regulations have yet to be thoroughly explored and debated. This study examines prostitution laws in Malaysia by analysing primary and secondary sources, including acts, written reports by the Islamic Religious Council and Malay Customs of Kelantan, journals, books, and theses. The discussion is divided into two parts. The first part examines the types of acts implemented in Malaysia to regulate prostitution activities, with a particular focus on the Women and Girls Protection Act 1973, its strengths and weaknesses, and other related acts. The second part explores the types of laws used to regulate prostitution in Kelantan, including notices, notifications, and recommendations. The findings indicate that the current laws have not effectively addressed the issue of prostitution in Malaysia generally and in Kelantan specifically. Therefore, non-legal measures by the government, non-governmental organizations, and the society must complement existing laws to better address this issue. Keywords: Registration of Guest Act 1965, prostitution, Women and Girls Protection Act 1973, Kelantan, Majlis Agama Islam dan Istiadat Melayu Kelantan, brothel Full Text: PDF
The Application of Qarinah Qat'iyyah in Syariah Criminal Convictions: A Comparative Analysis of the Concept and its Realisation in the Syariah Court
Justice is the ultimate goal in adjudication within any court. Achieving justice requires judges to rely on methods of evidence, including the use of qarinah. Historically, qarinah has proven to be essential tool in Islamic civilization. In terms of admissibility, qarinah has played a critical role in resolving disputes in cases related to property, marriage-related issues (munakahat), homicide, and cases under takzir, qisas, and hudud punishments. In Malaysia, the Islamic law of evidence concerning qarinah, as applied in syariah courts, is extensively provided under the Syariah Court Evidence Act (Federal Territories) 1997 [Act 561] and other state enactments. However, the concept of qarinah has not been placed on its proper footing. This is due to these acts and enactments being modelled after English legal principles, which narrow the scope and application of qarinah and underutilise its evidentiary weight as a governing law. This article discusses the strength of the dalalah qarinah in convicting cases, particularly in syariah criminal cases. The study evaluates whether the strength of the dalalah qarinah should be determined beforehand by judges when considering the evidence presented. A qualitative approach was adopted, utilising a literature review to analyse primary and secondary sources such as books written by fiqh scholars, statutes, reported and unreported cases, and academic writings. The findings reveal that the strength of the dalalah qarinah, whether it is qarinah qat‘iyyah, qarinah kaazibah, or qarinah dha‘ifah is crucial and must be determined based on the facts of each case. This approach allows syari’e judges greater flexibility in effectively interpreting the dalalah qarinah. Keywords: Qarinah, Islamic evidence law, strength of dalalah qarinah, qarinah qati’yyah, syariah court, evidence acts and enactments Full text: PDF
Issues and Challenges in Addressing Cybercrime in Malaysia
Cybercrime in Malaysia has become increasingly alarming, with various cases involving hacking, online fraud, malware attacks, and data breaches. Although there are more than 30 laws related to cyber activities, the enforcement of these laws remains ineffective in addressing increasingly complex threats. This study employs qualitative data analysis to examine the issues and challenges in combating cybercrime in Malaysia. Key challenges identified include the rapid advancement of technology, the evolving definition of cybercrime, jurisdictional challenges in cross-border investigations, and inadequate digital evidence. Additionally, difficulties in pinpointing the exact location of cybercriminals and issues related to the preservation of digital data pose significant obstacles to effective investigation and prosecution. This study proposes improvements to existing cyber laws, including amendments to the Communications and Multimedia Act 1998, the Computer Crimes Act 1997, and the Personal Data Protection Act 2010, to enhance the enforcement and investigation of cybercrimes. With more dynamic approaches, these laws can become more responsive in reducing the risks posed by the rapidly evolving cyber threats. Keywords: Cybercrime, cybercrime definition, cross-border investigation, digital forensics, legal framework, digital security Full Text: PDF
Pemakaian Akta Perintah Kehadiran Wajib 1954 [Akta 461] bagi Pesalah Jenayah Syariah
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Rayuan di Mahkamah Rayuan Syariah Melaka Mengenai Hukuman Penjara dalam Kes Pengesahan Poligami Ahmad Tamyiz bin Haji Mak Aris
Dato' Vijay Kumar Natarajan & Anor v. Malaysia Airlines Bhd.
Copyright (c) 2022 Kanun: Jurnal Undang-undang Malaysia
The Responsibilities of Employers and Employees during the COVID-19 Pandemic
Dowry and Provision of Gift Money in Malay Community from the Perspective of Islamic Jurisprudence and Islamic Family Law in Malaysia
This article explores the Malay community's marriage traditions, namely the distribution of dowry and provision of gift money by the husband to his wife. According to custom, during the marriage ceremony in most states, the dowry rate is mentioned in the ijab and kabul, but the amount of provision of gift money is not mentioned even though both are recorded in the marriage certificate. In addition to dowry, the provision of gift money is viewed as two similar elements, both of which are monetary in nature but have distinct individual names.Dowry is required to be given by the husband to his wife according to the Quran and Sunnah. However, the provision of gift money is a tradition and 'urf in marriage that is practiced by the Malay community. Their differential pronunciations pose concerns about the real status and function of provision of gift money as well as the legal implications for their right and ownership. Therefore, this article aims to pinpoint and discuss the law and the status of both dowry and provision of gift money in accordance with Islamic jurisprudence and Islamic family law. The article employed library research to expound on the writings of jurists of Islamic jurisprudence as well as textual studies on the provisions of law related to the issue concerned. The study found that a lack of understanding of the law governing dowry and provision of gift money, as well as incoherence in the marriage certificate's record of marriage details, have resulted in misunderstandings within the community while also affecting the right and ownership of both gifts. Keywords: Dowry, provision of gift money, tradition, Islamic jurisprudence, Islamic Family Law, ownership Full text: PDF
The Right to Health Care for the Transgender Community in Malaysia: The Gap between Rules and Practice
Equality of citizens on the grounds of gender is guaranteed under Article 8(2) of the Federal Constitution and international human rights treaties. Despite this guarantee of right, transgender people claim that they are still discriminated and receive unequal treatment, especially when accessing health care. Therefore, the objective of this study is to determine the extent to which the existence of domestic laws and international laws have placed the highest standard of treatment for individuals with gender identity disorder or transgender people in Malaysia. The methods used in completing this study were through referrals and interviews. In this study, the researcher successfully found that the right to equality guaranteed under the Federal Constitution is not absolute and is subjected to other relevant laws. The researcher also managed to identify several alternatives that can be employed to solve the problems related to discrimination against transgender people, namely with more stringent law enforcement and actions by the Malaysian government on health practitioners in the event of discriminatory treatment against transgender people. Keywords: Transgender, equality, domestic law, international law, Ministry of Health Malaysia, Federal Constitution Full text: PDF
Fraud in Land Dealings in Malaysia: A Study
This article was written to examine the issue of land fraud arising from land dealings in Malaysia. Various types of modus operandi have been committed by criminals in this fraud. With these modus operandi, many land offices have been successfully deceived into causing fraudulent land dealings. This has triggered concerns in the public about the legal surety of their proprietorship, which should be legally indefeasible upon legal registration in accordance with the National Land Code (NLC). The study conducted is based on analysis of cases that have been decided by the courts. The findings showed that various types of modus operandi (MO) were attempted by fraudsters and there were various factors that led to the commission of such fraudulent acts. This paper also highlights several suggestions for improvement in order to curb attempted frauds in land dealings. Keywords: Fraudulent land dealing, identity fraud, proprietorship, case analysis, modus operandi, transaction Full text: PDF
Enforcement of Law on the Issue of Sale of Counterfeit Goods: A Comparison between Malaysia and United Kingdom
The sale of counterfeit goods is an illegal act in which dealers place original manufacturer trademarks on non-genuine goods. This offense is often brought to the court under the Copyright Act 1987, the Trade Marks Act 1976, and the Trade Descriptions Act. However, despite having all sorts of enforcement of laws to ensure that this offense is eradicated, there are still countless cases of sales of counterfeit goods that are detrimental to society. This study was conducted to examine the effectiveness of the existing legal frameworks and the standard operating procedure in Malaysia that governs this issue. Through this study, specific legal frameworks were identified to prevent the reoccurrence of this offense. The differences in the enforcement of law between Malaysia and the United Kingdom as well as suggestions for improvement were also discussed in this article. The result found that existing legal enforcement is effective enough. However, if the enforcement were to be further improved, such as by creating a comprehensive act and emulating a settlement system in the United Kingdom that offers the most appropriate advice and solution to complainants online, this effort can certainly reduce the number of cases of counterfeit goods sold in Malaysia more effectively. Keywords: Law enforcement, sale of counterfeit goods, Copyright Act 1987, Trade Marks Act 1976, Trade Descriptions Act, United Kingdom Full text: PDF
Transformation of Electronic Technology through the Application of e-Syariah and i-Syariah Systems in the Syariah Court Case Management System in Malaysia
The implementation of information technology in the Syariah Judiciary Institution has been well received by all Syariah Courts throughout Malaysia through the application of the e-Syariah system. The innovation and electronic technology transformation has been continued in several Syariah Courts, including the Syariah Court in Sarawak that developed a new system called the i-Syariah, or Syariah Intelligence Management System. This research paper is aimed at analysing the development of the Syariah Court Case Management System through the e-Syariah system at the federal level and the i-Syariah system that is applied in Sarawak. Analysis was also done on the modules developed in the e-Syariah and i-Syariah systems to acquire comprehensive research information. A qualitative research methodology was applied to the progress of e-Syariah and i-Syariah systems' development and a comparative methodology was applied to compare the systems applied in the Civil Court with the contents of systems applied in the Syariah Judiciary Institution. The research found that the electronic technology transformation in the Syariah Court has shown less development compared to that of the Civil Court, which applies e-Filing system (EFS), Case Management System (CMS), Queue Management System (QMS), Court Recording and Transcribing (CRT), Artificial Intelligence (AI) and Community and Advocate Portal System (CAP). However, according to the i-Syariah development plan, various applications that are used in the Civil Court will be implemented in the Sarawak Syariah Court to ensure that the information and communication technology (ICT) transformation is in line with the digital technology development in Sarawak. Keywords: e-Government, i-Syariah, e-Syariah, Syariah Court Case Management System, Sarawak Syariah Judiciary Department, Syariah judicial institution Full text: PDF
The Status of Copyright as Jointly Acquired Property According to the Syariah Perspective
The provisions of Islamic Family Law state that any asset acquired during the period of marriage can be claimed as jointly acquired property. However the status of copyright as jointly acquired property is still debatable. The objective of this study is to study the concept of copyright as jointly acquired property according to the perspective of Shariah law and to analyze copyright as jointly acquired property according to the opinion of Shariah practitioners and the experts. The research framework is qualitative study, applys document analysis design and semi-structured interviews. The data were obtained through the statutes of copyright and jointly acquired property in Malaysia, the fiqh of the four sunni schools as well as interviews of Shariah legal practitioners, copyright law experts and religious scholars. The findings of this study found that Islam also recognizes copyright in jointly acquired. It also can be recognised as intangible property that can be claimed as jointly acquired property if it is owned during the marriage or developed during the marriage, by looking at the contribution factors of husband and wife in acquiring the property. The results of the interviews also showed that the informants supported the theory of copyright as jointly acquired property. The research implication contributes in the study of Shariah knowledge and can be referred by the syariah and civil courts in dealing with the issue of copyright as jointly acquired property. This study also proposes to the legislators to enact the laws that related to copyright and jointly acquired property, regarding property that can be claimed as jointly acquired property. Keywords: Legislation, Sharia, marriage, jointly acquired property, copyright, intangible property Full text: PDF
The Protection of Senior Citizens’ Rights in Malaysian Legislation
The elderly are vulnerable people who need to be protected and protected due to their immense contributions to religion and the country. But today, urbanisation, career and education have made these people marginalised and neglected. Cases of abuse are also frequently displayed in the masses and print media as a result of the increasing population of Malaysian and world elders. This study aims to look at the protection of senior citizens in national legislation to examine the extent to which senior citizens' rights are protected. The research is conducted using qualitative approach through the study of extinction and thermally analyzed. The results show that the existing legislation protects the rights of senior citizens in general but has not been comprehensive in meeting the rights of senior citizens. Therefore it is necessary for an amendment to the existing legislation or the drafting of legislation specifically for senior citizens to be done to meet the requirements. Keywords: Protection of senior citizens, rights of senior citizens, amendment of legislation, civil law, Islamic law, Malaysia Full text: PDF
Dr. Kok Choong Seng & Anor v Soo Cheng Lin and Another Appeal