Authors : Nazura Abdul Manap, Ahmad Azam Mohd Shariff and Siti Naaishah Hambali
Abstract: The borderless world of internet has witnessed a keen discussion and debate on database property and its protection. We are all aware of its ample protection available under the man-made criminal law. However, is database property amply protected by Syariah criminal principles? This study attempts to look into this issue. Being a legal study which is qualitative in nature, relevant materials, data and information on database are collected, assessed and critically analyzed. Critical analysis is simultaneously performed on all materials pertaining to Syariah criminal principles. This study finds that database content may be regarded as valid property in the eyes of Syariah and as such should receive protection. The existence of basic Syariah criminal principles which could be used to protect database properties is also acknowledged. It is, however noted that these basic Syariah principles are unrefined, being too general in nature. These principles have also not been codified in a single legislation. This has resulted in an ineffective and inconclusive protection for database properties. Ultimately, this study suggests that validity of database property should be universally acknowledged and codified under Syariah law so as to receive conclusive and effective protection under Islamic criminal law. In achieving this, Syariah criminal principles should therefore be refined and codified in one single written legislation.
Nazura Abdul Manap, Ahmad Azam Mohd Shariff and Siti Naaishah Hambali, 2013. Database as Intellectual Property: Position and Accordance of Protection. The Social Sciences, 8: 365-373.