Nazura Abdul Manap

Refusal to License in Database Rights: A Comparative Approach between the European Union and Malaysia

Under the competition law, refusal to license is a form of abuse of dominant position for which certain requirements must be met based on the existing legislations, guidelines and decided cases. As the Malaysian Competition Act 2010 is fairly nascent as compared to the European Union (EU) jurisdiction, it is pertinent to learn how the latter establishes the elements of refusal to license in declaring it as a form of abuse of dominant position. Hence, the objective of this paper is to identify provisions relating to refusal to license in Malaysia and provide a comparative analysis relating to the approaches adopted by the EU and Malaysia in this area with specific focus on database rights. This paper employs library based methods and analyses data by way of comparative approach. The findings indicate that while Malaysia Competition Act 2010 provides provisions relating to refusal to license, but such provisions are yet to be tested.

Mock Trial Simulation in Teaching Syariah Law of Evidence at Faculty of Law, UKM: A Blend of Traditional and New Methods

The Syariah Law of Evidence is one of the syariah courses in the combined civil and syariah LLB programme at the Faculty of Law, UKM. A revamp of the curriculum has seen practical mock trial been embedded in the course. The mock trial trains students on correct methods and techniques to submit evidence in civil and syariah criminal trials. This is in line with the aim of the faculty to have a practical balance between theories and practices in its legal curriculum. Mock trial simulation in teaching law of evidence is both an in- vitro and vitro practical experience extremely important to the students. It simulates practical skills of evidence submission in trials. Mock trial teaches students of crucial roles of proper evidence in syariah courts trials. This paper critically examines challenges faced in the teaching and learning of this course. All arguments and findings in this paper rests on a qualitative design, using methodologies of critical and content analysis, field interviews and observation for data verifications. It simultaneously explores possible ways of overcoming these obstacles in ensuring relevancy of the syariah course in ensuring marketability of the graduates. DOI: 10.5901/mjss.2016.v7n3p144

Evolution of Syariah Law Curriculum at Faculty of Law, UKM: A Way Forward

Since its establishment in 1984, the Faculty of Law, Universiti Kebangsaan Malaysia (hereinafter refered to as UKM) has always strived towards producing law graduates who are equally competent in both civil as well as syariah laws. In keeping abreast with current syariah legal developments, the syariah law curriculum has truly evolved over the years. The Law Faculty is now offering syariah law courses which suit the current demand of the syariah legal industry. It is thus extremely important to ensure the survival of these syariah courses at the faculty. One sure way of ensuring their survival is to ensure that their curriculum remain current and relevant as well as in tandem with the latest development in the syariah legal industry. In assessing the above-mentioned evolution of the Syariah Law Curriculum, this paper relies on articulated arguments which is qualitative in nature. All findings in this paper rest on the methodologies of critical and content analysis conducted on the relevant materials gathered on the subject. DOI: 10.5901/mjss.2016.v7n3p50

Investigation procedures in syariah criminal cases: Challenges faced by Malaysian syariah enforcement officers in exercise of their arrest power

Every society yearns for justice and fundamental liberties. Nevertheless, the present global demand for unqualified freedom and liberties has turned the task of conducting an arrest into a daunting one. First and foremost, an arrest must be carried out in accordance with law. Secondly, an arrest must also conform to principles on human rights and liberties, which is the matter of striking a balance between individual rights and the rights of the society. In this matter, individual rights to move freely without being subjected to unlawful arrest must be balanced up with the rights of the society to be protected from crimes. Such challenges are also faced by the syariah enforcement officers when conducting arrest on suspects in Malaysian syariah criminal cases. Hence, this research analyses the issue of arrest in Malaysian syariah criminal cases by looking at syariah principles and relevant legal provisions. It then identifies problems pertaining to the issue of arrest and suggests some relevant and practical solutions to them. It is also important to note that most of the syariah criminal cases referred to in this research are cases which are still under investigation. As such, all names and references have been camouflaged for secrecy purposes. DOI: 10.5901/mjss.2014.v5n23p471