Intellectual property laws and Islam in Malaysia.
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This study is undertaken on the premise that Islam and Islamic law is to be taken into
serious consideration in any future legislative reform of laws in Malaysia. Islam being
the religion of the country and the strong religious sentiment of the Muslims (who
form the majority in Malaysia) cannot be overlooked or dismissed lightly by the
legislators in Malaysia. Reformation of intellectual property laws is timely, as we are
now approaching to the dateline set by GATF-Trips agreement which aim is to
improve our standard of intellectual property protection. This study seeks to analyze
and evaluate the current legislation pertaining to intellectual property in Malaysia in
terms of the philosophy and rules governing the existence, ownership and exercise of
these rights and their consistency and inconsistency with Islam and Islamic law. The
main objective of this study is to prove that a coherent and logical conceptual
framework of ownership of intellectual property can be derived from an Islamic
perspective which not only offers the basis of rights but also defines the scope of
these rights. From the point of ownership of rights, support can be obtained from the
normative framework of property rights within the traditional classification of 'mal'
(property) and 'haqq al-milkiyyah' (ownership rights) under Islamic law. From the
point of exercise of rights, the exact scope can be defined from the analysis of
fundamental concepts which have been developed by Muslim jurists. It has been
established that Islam and Islamic law offers a sound and systematic paradigm, which
in deeper analysis, can satisfy both our current obligations under international
treatises, as well as our responsibility to practise our religion to the fullest.
Authors
Azmi, Ida Madieha BT Abdul GhaniCollections
- Theses [3834]