Authors : Nazura Abdul Manap, Ahmad Azam Mohd. Shariff and Anita Abdul Rahim
Abstract: Database is indeed an intellectual property which is well protected under the man-made contract law. However is database property amply protected by syariah contractual principles? This study attempts to look into this issue. This legal study is qualitative in nature. Hence, relevant materials, data and information on database are collected, assessed and crically analyzed. Critical analysis is simultaneously performed on all materials pertaining to Syariah contractual 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 contractual 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 law of contract. In achieving this, Syariah contractual principles should therefore be refined and codified in one single written legislation.
Nazura Abdul Manap, Ahmad Azam Mohd. Shariff and Anita Abdul Rahim, 2014. Database Property: Its Protection under Islamic Law of Contract. The Social Sciences, 9: 135-145.