TY  - JOUR
T1  - Database Property: Its Protection under Islamic Law of Contract
AU - Manap, Nazura Abdul AU - Rahim, Anita Abdul AU - Shariff, Ahmad Azam Mohd. 
JO  - The Social Sciences
VL  - 9
IS  - 3
SP  - 135
EP  - 145
PY  - 2014
DA  - 2001/08/19
SN  - 1818-5800
DO  - sscience.2014.135.145
UR  - https://makhillpublications.co/view-article.php?doi=sscience.2014.135.145
KW  - Syariah contractual principles
KW  -man-made contract law
KW  -database protection
KW  -Rahim
KW  -Syariah contractual principles
AB  - 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.
ER  -