The implications of ICT adoption in the Malaysian civil courts: with special reference to the legal position in England and Wales / Ani Munirah Mohamad

The ICT adoption in the Malaysian courts has been problematic and raises several implications, involving both legal and non-legal ones, such as technical, organisational and social. Previous research in Malaysia had not addressed the said implications. Within this context, the central arguments of this research are two-folds: firstly, the implementation of ICT in the Malaysian courts has impacted not only on the users and courts but also raises a variety of legal, technical, organisational and social implications. Secondly, the lack of legal sanctions to most of the existing ICT applications in the Malaysian courts suggests that law will eventually lag far behind technology and will remain so in the near future. Guided by this thesis, this study aims at examining the implications of ICT adoption in the Malaysian courts on the users and the courts; the implications of the ICT adoption on the laws in Malaysia as compared to that in England and Wales; the theories of unified acceptance and use of technology and risks perception in informing the research; and to propose for the strengthening and improving the delivery of the justice system in the Malaysian civil courts through ICT adoption. Adopting a qualitative research, this study engaged both the primary data obtained from five case studies and the secondary data obtained using the doctrinal approach. The evidence from the research is extensively reported in Chapter Five. The doctrinal analysis of the legal implications of the adoption of ICT in the courts in the United Kingdom as well as Malaysia is presented in Chapters Three and Four respectively. The research found that there are various implications of ICT adoption in the Malaysian courts, as well as the courts in England and Wales, involving both legal and non-legal implications. The research further found that the theories of UTAUT and risks perception have rightly mediated the understanding of the researcher of the benefits and risks involved in the adoption of ICT at the courts. And finally, the research also found that the existing laws in Malaysia involving the Rules of Court 2012 and the Criminal Procedure Code would need to be reviewed on the rules encouraging ICT, electronic legal service of court documents, electronic filing by e-mail, court recording, audio and video conference and proper handling of digital signatures. This study will not only contribute to the understanding of the relevant laws surrounding the ICT adoption in the courts but also, to assist the Malaysian judiciary and the Malaysian Bar Council in dealing with the risks entailing such ICT adoption. Future research is suggested to be carried out using a quantitative approach to quantify such implications, the implication of ICT at other public offices such as the prison, and a comparative study to be carried out with other jurisdictions such as Australia, United States and Singapore

Legal aspects of electronic communication involving the Malaysian courts

As government agencies increasingly adapt to the electronic medium in line with the Malaysian ICT agenda and policies, communications involving government agencies have also shifted from paperbased to paper-less. Being part of the government system, the courts have also begun resorting to electronic communication with third parties. However, scarce resources were found on the context of such electronic communication by the courts, particularly on the compliance of such communication with the legal rules. Hence, this paper deliberates on the legal aspects of electronic communication by the Malaysian courts in light of the Electronic Government Activities Act 2007 (“2007 Act”) and various practice directions of the courts. Engaging in full qualitative research, this study involved the collection of primary data in the form of interviews from four case studies conducted at multiple courts in Malaysia. The interviews were triangulated with secondary data in the form of written rules, court cases, journal articles, reports and other literary works. The study found that there are various means of online messages made by the courts, such as via electronic mail, websites, advocates portal and the case management system. Such messages are communicated to various parties, such as the Prison Department, Police Department, the Bar Council, lawyers representing the litigants, and members of the public. In essence, the electronic communication by the courts conforms to the legal provisions of the 2007 Act. Hopefully this paper would contribute to the body of knowledge on the subject matter of electronic government and electronic messages

USING ATLAS.TI 7 FOR RESEARCHING THE SOCIO-LEGAL IMPLICATIONS OF ICT ADOPTION IN THE JUSTICE SYSTEM OF THE HIGH COURTS OF MALAYSIA Using ATLAS.ti 7 For Researching The Socio-Legal Implications Of ICT Adoption In The Justice System Of The High Courts Of Ma

Abstract The paper describes the use of ATLAS.ti 7 in the research undertaken to examine the socio-legal implications of the adoption of information and communication technologies (ICT) in the justice system of the High Courts of Malaysia. Engaging a qualitative method, the research comprises of the collection of secondary data involving library-based re search, and primary data generated from a case study of four High Courts of West and East Malaysia. The paper dis cusses steps in preparing the data, coding the data and finally analysing the data. In deriving the findings of the re search, the ATLAS.ti was used throughout the research process to manage both the secondary and primary data, properly build up the code list inductively and deductively, track the relevant quotations from time to time, explore the data using the built-in feature Query Tool, connect ideas and notes to the existing objects and visually arrange the objects to iteratively make sense of the data

ICT in the judicial system: promising yet challenging? Part I / Zaiton Hamin & Ani Munirah Mohamad

Drawn from a doctoral research, the first part of this paper aims at discussing the concept of ICT adoption in the judicial system by discussing the different applications of ICT in the courts of Malaysia and other selected jurisdictions such as the United States of America, Spain, Italy, Singapore and Australia. Apart from the concept, the benefits and advantages that could be derived from these technologies would also be reviewed. Being a double-edged sword, at one end the adoption of ICT provides considerable potentials to improve the delivery of justice. However, at the other end it raises numerous practical and administrative hurdles, as well as the issue of the acquisition of skills and readiness of the court officials, legal practitioners and litigants in embracing the technologies

Security implications of ICT adoption in the High Courts of Malaysia

Bearing in mind the double-edged nature of information and communication technology (ICT), it is admitted that at one end, ICT introduces great possibilities and benefits, at the other end, it inevitably leads to various uncertainties and insecurities.It is within this context that this paper aims to critically examine the security implications of ICT in the High Courts of Malaysia.In addition, this research aims to propose recommendations for the amendment to the relevant statutes, improvement to the practice directions and to propose best practices and code of conduct in implementing ICT in the courts.Drawn from an ongoing research which attempts to examine the legal implications of the current adoption of ICT on the delivery of the civil justice system of the High Courts in Malaysia, the research adopts s qualitative method, comprising of the collection of primary data (which involves a field work adopting the case study design) and secondary data (which involves a library-based research).The primary data which have been generated is analysed by using the computer-aided qualitative data analysis software ATLAS.ti version 6.2 prior to reporting of the same.The paper concludes that the adoption of ICY in these courts are imbued with numerous security implications, which in many ways would challenge the way the judicial business would be carried out and also the way in which justice would he delivered and served

From Cıvıc Space to the Internet: Legıslatıng rıghts to peaceful assembly durıng pandemıc

With the social distancing measures implemented during Pandemic Covid 19, many peaceful assemblies have attempted to restructure, equip, and empower themselves creatively for online gathering. This incident emphasises the importance of digital tools, such as the Internet and ICTs, in exercising online rights to peaceful assembly and association. Given the above, this article attempts to deliberate on transforming rights to the peaceful assembly from offline to online and the legal challenges attached. The authors argue that the right to peaceful assembly and association is vital to ensuring enhanced transparency and accountability in implementing human rights  policies within countries. Keywords: Online; Peaceful Assembly; Fundamental Rights; Pandemic, Covid 19; International Law. eISSN: 2398-4287© 2022. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians/Africans/Arabians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v7iSI11.416

The development of Islamic finance in Malaysia

The Islamic finance industry has gained popularity and captured the attention of people all over the world.Today, Malaysia appears to be one of the leading Islamic finance players in the world, since the passing of the first legislation of Islamic finance in 1983 i.e. the Islamic Banking Act 1983. The industry continues to progress until today, further promising robust development in the coming future.This chapter will discuss the development of the Islamic finance industry in Malaysia based on the three main sectors which are increasingly gaining popularity and visibility: banking and finance, takaful and securitie

Roles of the Islamic voluntary sector in Malaysia and Croatia

The aim of this paper is to examine the roles of the Islamic voluntary sector in two jurisdictions –one is representing an Asian country, Malaysia, and the other is the newest Member State of European Union, Croatia. The investigation undertaken in the research is purely library-based, engaging in secondary data including written rules, guidelines and reports in both jurisdictions. The preliminary findings reveal that there are numerous voluntary efforts being carried out by numerous organizations in both jurisdictions (Malaysia and Croatia), in sectors such as public finance, education, quality of life and health. The research further found that these efforts could potentially bring huge impacts to the development and well-being of the society, in four different dimensions: social, finance, organizational, and legal. This research will contribute to the body of knowledge on voluntary sectors especially on the roles and implications of the voluntary sectors towards shared prosperity of the people and economy in Malaysia and Croatia

The digital defence against cyberbullying: A systematic review of tech-based approaches

Cyberbullying, which has been exacerbated by the widespread use of smartphones and the increasing stress associated with the pandemic, needs the promotion of positive online behaviour, cyberbullying awareness, and victim support. The PRISMA technique is used in this review to identify effective preventative tools and intervention options. Eleven studies met our inclusion criteria and were selected for review. A quality assessment was conducted. Upon thorough evaluation of the included studies, the intervention data was compiled in a narrative format. Using thematic analysis, we explored the effectiveness of technological interventions for preventing cyberbullying comprehensively. Technology-driven strategies for identifying and combating cyberbullying in educational settings, such as language-specific cyberbullying detection tools, IRCB programmes for empowering teenagers, and technologies such as CREEP Semantic Technology and CREEP Virtual Coach, have showed potential. TIPIP and the #WIIWY movement have also assisted to raise awareness and educate people about cyberbullying. However, more research is required to design targeted interventions that address varied demographics and circumstances, while including parents and taking the target audience’s age into account remains critical for effective technology-driven educational interventions and digital advocacy

Rent to own as value-based financial intermediation: Legal and shariah analysis

Generally, Rent to Own (RTO) is a financial scheme offered by financial institutions to help those who cannot afford the 10% initial deposit and access to financial schemes. One value-based intermediation (VBI) initiative is the RTO Islamic financing product. The market segment of this product is for the new generation whereby they can own a house without paying any deposit on account of the fact that housing estates are increasingly expensive. This paper starts with the background concept of VBI, then it discusses on the modus operandi of RTO offered by financial institutions. This paper also discusses legal and Shariah aspects related to RTO. Adopting a qualitative method, the data were collected through semi-structured interviews with relevant parties involved with the RTO product. In addition, some preliminary information had been accessed through the financial institution’s website. This paper found that RTO has played important roles as one viable VBI initiative and it is approved as a Shariah compliant product