Zinatul Ashiqin Zainol - Academia.edu (original) (raw)

Papers by Zinatul Ashiqin Zainol

Islāmiyyāt, Jun 3, 2021

Hukuman sebat yang dilaksanakan menurut prinsip syariah seringkali ditohmah sebagai tidak berperi... more Hukuman sebat yang dilaksanakan menurut prinsip syariah seringkali ditohmah sebagai tidak berperikemanusiaan serta tidak berkesan. Artikel ini mengkaji kesan hukuman sebat terhadap pesalah yang telah dihukum sebat Syariah di Wilayah Aceh. Artikel ini mensasarkan kepada tiga objektif. Pertama, ia menganalisis prinsip dan pelaksanaan hukuman sebat syariah. Kedua, ia turut menganalisis serta mengenal pasti kesan pelaksanaan hukuman tersebut di Wilayah Aceh. Ketiga, ia turut mencadangkan metod pelaksanaan hukuman yang praktikal serta ideal. Secara keseluruhannya, artikel ini adalah berasaskan kepada sebuah kajian sosio-perundangan yang dianalisis secara kualitatif. Pengumpulan data dilakukan melalui temu bual ke atas pesalah yang telah dihukum sebat, mereka yang ada disekeliling pesalah serta mereka yang melihat secara langsung hukuman sebat tersebut dilaksanakan. Data kemudiannya dianalisis kandungannya secara kritis. Kaedah pemerhatian turut diguna pakai dalam analisis. Hasil kajian mendapati para pesalah yang ditemubual mengakui merasa sangat malu kerana disebat di hadapan orang ramai. Mereka turut mengakui merasai kesan sakit akibat sebatan yang diterima. Para pesalah serta orang yang menyaksikan pelaksanaan hukuman sebat tersebut turut mengakui merasa insaf untuk tidak melakukan kesalahan di masa hadapan. Dapatan-dapatan di atas sebenarnya membuktikan bahawa hukuman sebat Syariah yang dilaksanakan di Wilayah Aceh sebenarnya berperikemanusiaan serta berkesan dalam mendidik pesalah dan masyarakat. Pelaksanaan hukuman tersebut di Aceh sebenarnya mampu untuk menjawab tomahan yang dilemparkan serta mendidik masyarakat akan keperimanusiaan dan keberkesanan hukuman tersebut.

Sriwijaya Law Review, 2022

Society 5.0 is a new term used to indicate the future world. This society is based on ubiquity, l... more Society 5.0 is a new term used to indicate the future world. This society is based on ubiquity, learning machines, the internet of things, big data, cloud computing, cryptography, and biometrics. All these technologies will be merged to create a new mode of life. The new way of life will inevitably influence human beings’ values, concepts, and conduct. The result of these changes will consequently bring challenges to many legal areas. This paper addresses the challenges that brought society 5.0 to legal norms. It utilises the analytical approach to examine the capability of pre-existing legal norms to cope with new realities created by society 5.0. The paper analyses the legal implications of society 5.0 in their sociological context. It presents a jurisprudential vision to establish legal norms compatible with the new society. Three fundamental principles should be considered to establish new legal. First, social facts that trigger legal regulation can simultaneously occur in multi...

Biomolecules, 2022

A combination of 3D printing techniques and synthetic biology, 3D bioprinting is a promising fiel... more A combination of 3D printing techniques and synthetic biology, 3D bioprinting is a promising field. It is expected that 3D bioprinting technologies will have applications across an array of fields, spanning biotechnology, medical surgery and the pharmaceutical industry. Nonetheless, the progress of these technologies could be hindered, unless there is adequate and effective protection for related applications. In this article, the authors examine the patent eligibility of 3D bioprinting technologies. This issue raises concern given that existing patent systems are generally averse to nature-derived inventions and many of them exclude products of nature or discoveries from patentability. This qualitative study analyses the current patent systems in key jurisdictions, particularly, the U.S. and the EU, and their applicability, as well as effectiveness, in the context of 3D bioprinting. The study argues that the main reason for the apathy of existing patent systems towards bio-inventio...

International Journal of Business and Society, 2012

According to the World Business Council for Sustainable Development, Corporate Social Responsibil... more According to the World Business Council for Sustainable Development, Corporate Social Responsibility (CSR) is the continuing commitment by businesses to behave ethically and contribute to economic development while improving the quality of life of the workforce, the local community and society at large. The Straits of Malacca and Singapore, which connect the Indian Ocean with the South China Sea and the Pacific Ocean is considered one of the busiest waterways in the world, a vital trade and communication link to the international shipping community. In 2010 the Malaysian Marine Department recorded traffic of 74,136 ships through the Klang Vessel Traffic System (VTS). The high vessel-traffic in these waters presents regulatory and operational challenges, not the least of which are the risk of accidents and the need to maintain effective navigational systems. By virtue of Article 41, 42 and 43 of the 1982 LOSC, the burden of responsibility lies on the Strait States, especially in rega...

Pertanika journal of social science and humanities, 2018

Enforcement of trademark Law in Malaysia can be categorized as per Part III of Agreement on Trade... more Enforcement of trademark Law in Malaysia can be categorized as per Part III of Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) of World Trade Organization (WTO) into (i) civil procedure, (ii) criminal procedure, (iii) administrative procedure, (iv) provisional measures, and (v) border measures. Important trademark International Treaties dealing with trademark include (i) Paris Convention (ii) TRIPS (iii) Madrid Protocol. Malaysia has ratified Paris Convention and TRIPS but has not ratified Madrid Protocol which provides procedure for International Trademark registration under International Bureau of World Intellectual Property Organization (WIPO). Once trademark registration is made under Madrid Protocol in one-member state, it would be protected in all member states. Important Malaysian trademark laws dealing with enforcement of trademark in Malaysia include (i) Trade Marks Act 1976 (ii) Trade Marks Regulations 1997 (iii) Intellectual Property Corporation of Malaysia Act 2002 (iv) Trade Descriptions Act 2011. This article is qualitative method of research to analyze enforcement of trademark law in Malaysia under relevant Malaysian laws as well as analysis of relevant International Treaties of trademark solemnized under WIPO and WTO. Paris Convention contains provisions on trademark and its enforcement dealing with Border Measures and TRIPS include comprehensive provisions on trademark (15-21) and enforcement of trademark (41-61) as Madrid Protocol provides procedure for International Trademark registration. Malaysia has ratified Paris Convention and TRIPS but has not ratified Madrid Protocol. It is therefore recommended that Malaysian government should accede to Madrid Protocol for protection of trademarks registered in Malaysia to be protected in 98-member countries of Madrid Protocol.

The Social Sciences, 2011

IIUM Law Journal, 2020

This article examines how synthetic biology, which is the construction of novel biological parts,... more This article examines how synthetic biology, which is the construction of novel biological parts, devices, and systems, as well as the modification of regular organisms, impacts biosafety regimes in the European Union (EU) and the United States (US). The article examines the nature and benefits of synthetic biology. It then reviews associated biosafety challenges, before analysing the suitability of governance frameworks in the EU and the US in dealing with these challenges. Based on this analysis, the article contends that, despite some similarities with older technologies, synthetic biology is essentially novel. Consequently, it undermines existing biosafety regimes in both jurisdictions. The article advocates for effective governance, combining formal regulation and self-governance, in addition to the global coordination of governance measures. This will help maintain an agile policy and curtail any regulatory loopholes. This article fosters awareness on the existence of many unr...

Small and medium enterprises (SMEs) are the prime movers of the economy in most countries. In Mal... more Small and medium enterprises (SMEs) are the prime movers of the economy in most countries. In Malaysia, SMEs generate 99.2% of the total income for the country and contribute 40% - 50% of the gross domestic product (GDP) for the country. As the world is now moving towards globalization, small and medium enterprises not only face competition among domestic market, but also from competitors abroad. With the rapid change of globalization Malaysian SMEs need a coherent business strategy to survive and compete in the global market. On the other hand, intellectual assets which comes in the form of intellectual properties (patents, industrial designs, copyrights, trademarks, geographical indications and many others) offers a great amount of benefits to those who care to protect their right and these IPR not only protect the right of the holder but may also generate more income to the enterprise by the way of commercialization. Therefore it is important for all SMEs to know how to protect, ...

Journal of Intellectual Property Rights, 2014

University ownership model of intellectual property rights (IPR) has been widely used by universi... more University ownership model of intellectual property rights (IPR) has been widely used by universities around the world. With the new awareness of the importance of IPR, universities are keener to obtain ownership of any intellectual property (IP) created within the university in order to ensure smooth technology transfer and commercialization of the IP. This paper analyses other models of IPR ownership in order to boost invention and innovation within Malaysian research universities. Through the most appropriate ownership model for universities, it is expected that revenue generated from the university IP could be used to fund new research at the universities. However, with all the excitement to commercialize the university IP, inventors sometimes are left with little benefit from their inventions which dampen their motivation to continue with research and produce more new inventions. Malaysia as an emerging economy actively seeking to encourage university invention, commercialization and entrepreneurship, should experiment with different models of intellectual property ownership/commercialization.

Journal International Studies, 2020

Labelling of food products that contain new technologies has been adopted to inform consumers and... more Labelling of food products that contain new technologies has been adopted to inform consumers and address concerns over uncertainty of the technologies. Even though food labelling is significant, the implementation of mandatory labelling measures for nanofood within the domestic legislation is only possible if the measure is aligned with the World Trade Organisation (WTO) regulations. This paper examines whether mandatory labelling measure for nanofood would be permissible under the WTO agreements, i.e. the Technical Barriers to Trade Agreement and the Sanitary and Phytosanitary Agreement. The study adopts a doctrinal approach and content analysis by examining relevant legal provisions in the WTO agreements, cases decided by the WTO, and other documents on nanofood labelling. Findings suggest that the labelling measure amounts to unnecessary barriers to international trade. The mandatory labelling is not an international labelling standard and the practice is trade restrictive. Some...

International Journal of Psychosocial Rehabilitation, 2020

Purpose of study: This article aims to review the challenges of Muslim family disputes in Malaysi... more Purpose of study: This article aims to review the challenges of Muslim family disputes in Malaysia resolving the disputes with the history of violence and analyse what online mediation may offer to overcome the said problem. Methodology: The methodology used in this article is qualitative research. The data had been collected by reviewing relevant mechanisms of resolving Muslim family disputes in Malaysia through the relevant books, articles, proceedings and relevant Acts existed in Malaysia. Result: The finding of this research is mediation is not an appropriate mechanism to resolve Muslim family disputes with the history of violence because it will cause more injustice to the victim. Thus, this paper concludes by suggesting online mediation as another alternative to resolve family disputes. Applications of this study: The study can be useful to enrich the current literature of resolving Muslim family disputes in Malaysia. Novelty/Originality of this study: The originality of this research is introducing a new mechanism to resolve Muslim family disputes which the current mechanism could not offer.

Jurnal Komunikasi: Malaysian Journal of Communication, 2019

Fungsi utama kewujudan suatu undang-undang ialah untuk menjamin kesejahteraan diri, masyarakat se... more Fungsi utama kewujudan suatu undang-undang ialah untuk menjamin kesejahteraan diri, masyarakat serta sesebuah negara. Dalam skop penggunaan internet, terdapat lima undang-undang yang mengawalnya seperti

Asia Proceedings of Social Sciences, 2018

Domestic violence happens when a woman or man regularly hurts his or her spouse physically or ver... more Domestic violence happens when a woman or man regularly hurts his or her spouse physically or verbally such as beats or mentally tortures the other. Meeting face-to-face in the mediation process with the batterer to resolve family disputes may raise the issue of power imbalance, especially when the victim hide the history of violence. This article reviews the challenges of Muslim family disputes in Malaysia resolving the disputes with the history of violence and analyses what online mediation may offer to overcome the said problem. Being a pure legal research, this paper is doctrinal in its approach. The finding of this research is mediation is not an appropriate mechanism to resolve Muslim family disputes with the history of violence because it will cause more injustice to the victim. Thus, this paper concludes by suggesting online mediation as another alternative to resolve the family disputes.

Malaysian Journal of Syariah and Law, 2018

Protection of trademark in Islamic Law is covered under verses of Holy Quran and traditions of Pr... more Protection of trademark in Islamic Law is covered under verses of Holy Quran and traditions of Prophet Muhammad SAW for promotion and protection of legitimate trade and services. Trademark is one of the components of intellectual property (IP) law, which is protected under Islamic Law. Islamic law are those teachings which were revealed to the last Prophet Muhammad SAW for betterment of human beings in both worlds. Islamic Law protects rights of an individual whether they are material like property rights or immaterial like IP rights. Protection of wealth is one of maqasid al-sharia, which is public right and fully preserved under Islamic Law. Almighty Allah says, "Do not eat property of another with unlawful means except with a valid agreement solemnized with a valid consent from both sides". Prophet Muhammad SAW said "he who copies another's work is not one of us". Prophet Muhammad SAW went to Syria for trading upon the wealth of his preceding wife Hazrat Khadija RA. Imam Abu Hanifa and Imam Bukhari used to work as traders besides their exceptional works in fiqh and hadith. All types of trade and investment activities are valid, legal and protected under Islamic Law unless clearly prohibited by Almighty Allah in Holy Quran and by Prophet Muhammad SAW in Sunnah. Transaction must be clear from riba/interest; which is an excess that has no corresponding consideration in an exchange of property for property. Subject matter of transaction must not be uncertain, purpose of transaction and activities governed under a contract must be legal as per verses of Holy Quran and traditions of Prophet Muhammad SAW. IP is protected under Islamic Law,

International Journal of Asian Social Science, 2018

Family disputes mean any disputes occurred among the family members. Family disputes normally bei... more Family disputes mean any disputes occurred among the family members. Family disputes normally being resolved by litigation or mediation as other alternatives. Researches depicted that, mediation is the worth consideration to resolve family disputes compared with litigation. Nevertheless, not all types of family disputes are appropriate to be mediated such as divorce with the history of domestic violence. This article is essentially aimed at reviewing on how family disputes are being resolved in Malaysia and how family disputes involving violence being mediate in Malaysia. The methods being adopted are doctrinal research. The finding of this research is to fill in the gap in the literature of the research on mediation in family disputes in Malaysia. Thus, this article concludes by suggesting for improvement of the mediation process and proposed new guidelines to screen for violence in the mediation process in order to resolve family disputes involving violence in Malaysia. Contribution/ Originality: This study contributes in the existing literature on mediation in family disputes in Malaysia with emphasized on mediation involving violence.

Research Journal of Applied Sciences, 2012

Procedia - Social and Behavioral Sciences, 2011

Biotechnology has been applied as one of the eco-techno-political technologies in the 21 st centu... more Biotechnology has been applied as one of the eco-techno-political technologies in the 21 st century. Many countries have developed their technological strategies to improve their productivity in different fields. As Malaysia embarks on its drive to pursue biotechnology as one of the new income sources of the nation, biosafety and the safe transfer, handling and use of living modified organisms (LMOs) has become increasingly important. Biosafety ensure the potential adverse impact of modern biotechnology is minimised and managed in a manner that does not have a negative impact on biodiversity and human health. The aim of this paper is to review the current need for biosafety education in Malaysia and the strategies proposed for biosafety education.

International Journal of Computer Theory and Engineering, 2013