Database: Is it protected under islamic criminal law?

Research output: Contribution to journalArticle

Abstract

The issue of database protection is very much discussed and debated around the globe. It is generally agreed that database is protected under man-made criminal law. The question here is whether database is equally protected under syariah criminal principles. This article attempts to look into this issue. Being quantitative in nature, many relevant materials, data and information obtained and collected in this legal study are assessed and analyzed through library research. A critical analysis is performed on all materials pertaining to syariah criminal principles. In addition, all relevant materials, data and information on database are simultaneously and critically analyzed. This study finds that database content may be regarded as valid property in the eyes of the Syariah and as such should receive protection. However its position has not been universally clarified, accepted and codified so as to receive effective protection under Islamic criminal law. This study also acknowledges the existence of basic syariah criminal principles on had and ta'zir which could be used to protect database properties. 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 database should be universally recognized, accepted and codified as a valid property under Islamic criminal law. It also suggests that database, being a recognized property under the Syariah, should receive good and conclusive protection under syariah criminal law. In achieving this, syariah criminal principles should therefore be refined and codified in one single written legislation so as to cover issues pertaining to database as well. Only then could such properties receive better protection.

Original languageEnglish
Pages (from-to)5266-5272
Number of pages7
JournalJournal of Applied Sciences Research
Volume8
Issue number11
Publication statusPublished - Nov 2012

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criminal law
legislation

Keywords

  • Database
  • Database protection
  • Islamic criminal law
  • Man-made criminal law
  • Principles
  • Syariah criminal

ASJC Scopus subject areas

  • General

Cite this

Database : Is it protected under islamic criminal law? / Abdul Manap, Nazura; Mohd. Shariff, Ahmad Azam; Abdul Rahim, Anita; Tengku Zainudin, Tengku Noor Azira; Laluddin, Hayatullah.

In: Journal of Applied Sciences Research, Vol. 8, No. 11, 11.2012, p. 5266-5272.

Research output: Contribution to journalArticle

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