IIUM Law Journal

TRUMP’S TARIFF WAR VERSUS THE WTO’S MULTILATERAL TRADING SYSTEM: TOWARDS GLOBAL LAWLESSNESS?

Abdul Ghafur Hamid @ Khin Maung Sein — 2025-11-30

The World Trade Organisation’s multilateral trading system has been pivotal to the development of stable, fair, and robust international trade, free from discrimination and protectionism. However, the protectionist policies advanced under Trump’s “America First” agenda, particularly the imposition of unilateral tariffs, threaten to dismantle this carefully constructed global framework. The world has witnessed an alarming economic confrontation between the United States and China, the two economic powerhouses, marked by dramatic tariff escalations reaching as high as 145% and 125%, respectively. The ripple effects have been profound: global trade volumes have contracted, supply chains have been severely disrupted, and global value chains have undergone a rapid and inefficient realignment, resulting in a less transparent and more fragmented international trade system. This study aims to assess the extent of damage inflicted on the WTO’s multilateral trading system. Adopting a primarily doctrinal legal methodology, the research critically examines relevant WTO Agreements alongside decisions of the WTO Panels and Appellate Body that have been compromised by the tariff war. A supplementary quantitative analysis compares the WTO-bound tariff rates with those imposed by the Trump administration. The findings indicate that the United States’ unilateral tariff hikes constitute clear violations of core WTO commitments—most notably, the prohibition against exceeding bound tariffs (capped at 3.4% for the U.S.) and non-discrimination enshrined in the most-favoured-nation (MFN) principle. This tariff conflict has severely undermined the WTO’s rules-based system, posing the risk of a descent into trade anarchy and economic dominance by powerful States. The paper concludes with recommendations aimed at mitigating the damage and restoring the integrity of the multilateral trading framework.

UNCLAIMED ESTATES IN WEST MALAYSIA: A LEGAL ANALYSIS AND REFORM PROPOSALS ON NON-ADMINISTERED ESTATES

Akmal Hidayah Halim — 2025-11-30

In West Malaysia, the existing legal framework categorises unclaimed estates into four distinct types namely, unclaimed money, undistributed funds, ownerless estates (bona vacantia), and estates which are not administered after a deceased’s death. Among these, only the non-administered estate remains idle and frozen, primarily due to the absence of a clear ownership claim and procedural gaps within the legal system. This situation is exacerbated by the existence of various laws that govern different types of unclaimed estates as well as the lack of proactive initiatives by the authorities to trace and manage such estates, particularly when the estate is not administered accordingly after the deceased’s death. Consequently, the number of unclaimed estates continues to grow at an alarming rate, and the beneficiaries are therefore losing out on potential benefits or utilities that they could derive from the ownership of such estates. This paper aims to identify the categories of estates classified as unclaimed and to examine the relevant legal framework in addressing the issue. Employing qualitative research methods, including doctrinal analysis and field interviews, it is observed that the existing legal mechanisms are inadequate to remedy the problem relating to unclaimed estates. Hence, this study proposes measures towards reforming the legal framework for the administration of unclaimed estates, with particular emphasis on non-administered estates. It is anticipated that the proposed reforms may serve as a valuable reference for the Malaysian government in formulating a structured legal mechanism to address the issue effectively and to prevent its recurrence in the future.

AN APPRAISAL OF THE LEGAL FRAMEWORK GOVERNING THE ADMISSIBILITY OF ELECTRONIC DOCUMENTS AS EVIDENCE IN MALAYSIAN SHARIAH COURTS: CURRENT PRACTICES AND FUTURE LEGAL DIRECTIONS

Mohamad Aniq Aiman Alias — 2025-11-30

The rapid advancement of science and technology has significantly impacted various aspects of human life, including the legal system. While documentary evidence was once confined to physical form, the emergence of electronic documents has introduced new dimensions to evidentiary practices. In Malaysian civil courts, the admissibility of electronic documents has been recognised since the 1950s through the Evidence Act 1950 (Act 56) and continues to be widely practised. However, this situation differs in Shariah courts, where legal practitioners remain relatively less exposed to accepting electronic documents as evidence. This study aims to analyse the existing legal framework and the concept of electronic documents as evidence in Malaysian Shariah courts, identify the key challenges in their application, and propose improvements to strengthen relevant legal practices and frameworks. A qualitative approach was adopted through document analysis and semi-structured interviews with Shariah judges, prosecutors, religious enforcement officers, and lawyers. The data collected were thematically analysed using content analysis methods. The findings reveal the absence of a specific provision explicitly referring to “electronic documents” under the current Shariah evidence law. Instead, their admissibility is inferred through the general definition of “documents” and applied on a discretionary basis. The study also identifies major challenges related to authenticity, admissibility, and verification of electronic documents. To address these issues, it proposes re-examining Shariah evidence provisions with reference to civil law, strengthening comparative research between Shariah and civil courts, and enhancing institutional capacity through technology training and the engagement of digital forensic experts. This study is therefore significant in improving the existing legal framework for managing electronic evidence more effectively in the future.

JUDICIAL INDEPENDENCE IN PALESTINE'S SHARĪʿAH COURTS: A JURISPRUDENTIAL-ANALYTICAL STUDY OF DECREE LAW NO. (8) OF 2021

Shadi Imad Ali Qaddumi — 2025-11-30

The judiciary lies at the core of any legal system, grounded in the foundational maxim: “No law without a judiciary.” This principle highlights the intrinsic interdependence between legislation and adjudication—not only in form, but also in function, authority, and purpose. This study examines the principle of judicial independence within Palestine’s Sharīʿah judiciary by critically analysing its legal framework—particularly the Amended Basic Law, the Judicial Authority Law, and Decree-Law No. (8) of 2021 concerning the Sharīʿah court system. It also evaluates the extent to which these provisions align with Islamic juristic principles on judicial autonomy and impartiality. Using both inductive and comparative methodologies, the study examines statutory texts alongside authoritative sources of Islamic jurisprudence. It identifies the legal and Sharīʿah-based safeguards that uphold the independence of the Sharīʿah judges and assesses their practical implementation. The findings indicate that Decree-Law No. (8) of 2021 represents a significant shift toward reinforcing judicial independence after decades of reliance on foreign legal models. The study concludes by offering new and significant contributions through juristic recommendations for legislative reform, consistent legal interpretation, enhanced public awareness, and a strengthened integration of Islamic principles in judicial practice.

DIRECTORS’ ELECTION WITHIN CONCENTRATED SHAREHOLDING STRUCTURE: A COMPARATIVE ANALYSIS OF MALAYSIA AND INDONESIA

Aiman Nariman Mohd Sulaiman — 2025-11-30

Shareholders’ involvement in directors’ elections is viewed as an important governance tool, enabling the disciplining of non-performing directors. However, this power could be distorted to entrench directors affiliated with controlling shareholders. This article presents a comparative analysis of directors’ election mechanisms comparing Malaysia and Indonesia, jurisdictions with similar concentrated shareholding structures (dominated by family and state control) but with different board structures (unitary versus dual board). Highlighting gaps in statutory laws and corporate governance rules related to shareholder proposal rights, voting mechanisms and the functioning of the nomination committee, the article analyses whether the shareholders’ election rights are effective to counter director entrenchment. The article relies primarily on qualitative research method, combining doctrinal legal analysis and a comparative study of legal provisions, international and regional developments and court decisions. The article finds three key differences: First, Malaysia requires lower shareholding thresholds (2.5% for agenda proposals versus Indonesia's 20%), facilitating minority shareholder participation. Second, Indonesia’s no mandatory poll and slate voting enables controlling shareholders’ dominance that could lead to the entrenchment of affiliated directors. Third, there are different patterns of the tension between the nomination committee’s authority and shareholders' powers. Malaysia showed the nomination committee’s resistance to shareholder nominees, while Indonesian cases reveal concerns about bypassing the nomination committee. This article contributes to comparative corporate governance scholarship by: (1) identifying how unitary versus dual board structures produce distinct shareholder empowerment outcomes in concentrated ownership contexts; (2) documenting gaps in voting mechanisms that facilitate director entrenchment; and (3) providing a framework for evaluating shareholders' election rights across ASEAN jurisdictions.

CHAIN OF CUSTODY PARAMETERS FOR DIGITAL FORENSIC EVIDENCE IN SHARIAH CRIMINAL COURT PROCEEDINGS

Tuan Muhammad Faris Hamzi Tuan Ibrahim — 2025-11-30

The growing prevalence of cyber-enabled Shariah offence has necessitated the integration of digital forensic procedures into Shariah criminal proceedings. However, the absence of an explicit legal framework for the chain of custody (CoC) in handling digital evidence within the Shariah courts creates a critical procedural vacuum. This omission exposes proceedings to dual risks: the exclusion of probative evidence due to doubts about authenticity and the potential for wrongful convictions based on improperly handled or contaminated digital evidence. This study examines the operational role of religious enforcement officers (PPA) as Digital Evidence First Responders (DEFR) under the Syariah Criminal Procedure (Federal Territories) Act 1997, and their compliance with technical protocols outlined in ISO/IEC 27037:2012 and the Standing Instruction of the Director of the State Islamic Religious Department (2007). Using a doctrinal and comparative legal method, the study further analyses 18 Malaysian civil criminal cases to extract recurring CoC deficiencies and judicial expectations. From this analysis, five core CoC parameters are distilled, documentation continuity, evidence integrity, authentication, expert verification and corroborative reliability. These elements are essential in ensuring evidentiary credibility from seizure to courtroom presentation. The findings demonstrate that while Shariah enforcement officers operationally adhere to the existing procedure, these COC practices remain unrecognized in Shariah jurisprudence. This paper proposes the systematic adoption of CoC parameters within the Shariah proceedings to enhance evidentiary reliability and judicial confidence. Institutionalizing such parameters aligns with the maqāṣid al-sharīʿah by advancing justice and procedural transparency in the adjudication of emerging digital crimes.

ANALYSING SUKUK DEFAULT CASES: CAUSES, REMEDIES AND REGULATORY IMPLICATIONS

Mohd Shahid — 2025-11-30

The growing significance of Sukuk as a Shariah-compliant financial instrument has been accompanied by a rise in default cases, highlighting critical financial, legal, and governance vulnerabilities. This article examines the principal causes of Sukuk defaults, including inefficient liquidity management, regulatory inconsistencies, and governance deficiencies, as evidenced in the cases of Menara ABS Berhad, MEX II Sdn Bhd, and Serba Dinamik Holdings Berhad. Distinguishing between asset-backed and asset-based Sukuk is crucial for understanding investor risk exposure, especially in relation to ownership rights and bankruptcy protections. Legal uncertainties, jurisdictional conflicts, and ineffective enforcement measures exacerbate challenges in resolving defaults. This study employs a qualitative methodology, combining doctrinal and empirical analyses to explore regulatory deficiencies and suggest reforms. The findings emphasise the need for stronger governance, harmonised legal frameworks, and proactive risk management strategies to strengthen the Sukuk market against default risks, thereby ensuring its sustainability within the global Islamic finance ecosystem.

A LEGAL FRAMEWORK FOR PUBLIC SECTOR DATA SHARING IN MALAYSIA: THE CLASH BETWEEN DATA PROTECTION, PRIVACY AND PUBLIC INTEREST

Mahyuddin Daud — 2025-11-30

Data sharing is increasingly recognised as a critical enabler of effective governance, improved policymaking, and efficient public service delivery, yet in Malaysia, it has historically been governed through administrative circulars and fragmented provisions rather than a clear statutory framework. Despite recent initiatives such as PADU, MyGDX, and the Open Data Portal, the practice remains hindered by systemic challenges, including misinterpretation of confidentiality clauses as prohibitions, overly cautious agency practices guided by non-binding codes, inconsistent and overlapping data formats, and heightened concerns about privacy and cybersecurity risks. These barriers not only slow inter-agency collaboration but also undermine policy efficiency, weaken service delivery, and erode public trust. Against this backdrop, the enactment of the Data Sharing Act 2025 represents a significant step forward. Yet, questions remain regarding its operationalisation and ability to balance competing demands of accessibility, security, and privacy. This study seeks to analyse Malaysia’s current legal and policy framework on data sharing, identify challenges faced by public agencies, and benchmark Malaysia’s approach against international best practices from the European Union, United Kingdom, Ireland, Australia, and Singapore. Using content analysis of laws and policies, comparative legal analysis, and semi-structured interviews with government agencies, the research aims to propose reforms that strengthen Malaysia’s governance of data sharing. It is expected that findings will highlight the need for privacy-by-design principles, uniform data governance standards, and robust oversight mechanisms to foster responsible data sharing, enhance public trust, and align Malaysia with global standards while addressing its domestic realities.

ONLINE DISPUTE RESOLUTION AS AN ALTERNATIVE DISPUTE RESOLUTION MECHANISM IN E-COMMERCE DISPUTES IN MALAYSIA

Nur Farahin Afiqah Daud — 2025-11-30

The daily volume of transactions conducted through e-commerce is substantial, with numerous customers engaging in buying and selling goods and services. However, disputes often arise in these transactions, and it can be challenging for customers to resolve them at a single physical location. The increasing need for Alternative Dispute Resolution (ADR) has arisen to settle disputes online. ADR enables parties to resolve disputes outside the court system. The importance of Online Dispute Resolution (ODR) is growing daily, owing to the globalisation of e-commerce and the success of ADR. While ADR is a physical process, ODR is an online process that uses Information Technology to resolve disputes. This paper will primarily concentrate on the relevance of ODR and determine its suitability for dispute resolution relating to e-commerce disputes in Malaysia. This article adopts a qualitative doctrinal research methodology which analyses legal textbooks, articles and relevant organisations through legal reasoning and rational deduction. The article concludes that the use of ODR in Malaysia is feasible and can enhance access to justice by making dispute resolution more affordable, efficient, and seamless. The Digital Signature Act 1997, the Electronic Commerce Act 2006, and the Personal Data Protection Act 2010 have laid foundational legal frameworks for electronic transactions, cybersecurity, and consumer protection in the digital sphere. These legislative steps represent significant progress in integrating Malaysia's dispute resolution in e-commerce transactions particularly. The digital platforms have allowed various Alternative Dispute Resolution systems to use the virtual process by incorporating digital technology and to provide the future use of virtual platforms in the adjudicatory system.

INTERROGATING EQUAL CITIZENSHIP AND GLOBAL ISLAMOPHOBIA: CONTEXTUALISING THE HIJAB BAN IN INDIA

Abid Yousuf Bhat — 2025-11-30

This paper critically examines the 2021–22 hijab ban in educational institutions in the Indian state of Karnataka through a dual analytical framework: the principles of equal citizenship within India’s constitutional secularism and the pervasive influence of global Islamophobic narratives. Employing a qualitative, interdisciplinary methodology, the study integrates doctrinal legal analysis with critical theoretical perspectives on minority rights, educational autonomy, and intersectional discrimination. It draws upon constitutional and statutory interpretation, judicial decisions, and secondary sources such as human rights reports and academic literature to assess the socio-legal implications of the ban. The paper argues that the Karnataka hijab ban fundamentally undermines the tenets of equal citizenship by creating a two-tiered system of rights for Muslim minorities. By contextualising the Indian hijab ban within global Islamophobic discourses and comparative legal frameworks such as the French model of laïcité, the paper analyses how misrepresented notions of gender roles in Islam are weaponised to justify restrictions on Muslim women’s attire, thereby reinforcing existing prejudices within the Indian socio-political landscape. The paper also critically engages with the judicial discourse surrounding the ban, including the Karnataka High Court’s verdict and the Supreme Court’s split judgment, highlighting their implications for the protection and interpretation of religious minority rights in India. By synthesising these lenses, the paper offers a comprehensive understanding of the multifaceted challenges posed by the Karnataka hijab ban to democratic ideals and social cohesion in a diverse, secular nation.

THE LEGITIMACY OF AESTHETIC SURGERY IN ISLAMIC LAW: A NORMATIVE AND JURISPRUDENTIAL ASSESSMENT

Huseyin Okur — 2025-11-30

This article examines the permissibility of aesthetic surgery in Islamic law by categorising such procedures based on their underlying motivation: necessity, medical or psychological need, and/or pure beautification. The objective is to clarify the conditions under which these operations are deemed lawful or prohibited in light of Islamic jurisprudential principles. Using a qualitative, normative analysis of classical legal sources and contemporary fatwas, the study explores how concepts such as darurat (necessity), hajah (need), amanah (trust), and fitrah (natural form) shape the legal assessment. The findings show that operations intended to treat congenital anomalies, reconstruct damage caused by trauma, or alleviate significant psychological distress are generally permitted, as they fall under the objectives of preserving life and health. In contrast, procedures performed solely for the pursuit of beauty without any therapeutic justification are usually prohibited due to their association with unnecessary bodily modification. The paper concludes that while Islam does not oppose all forms of aesthetic intervention, it draws clear ethical boundaries based on purpose, necessity, and harm-benefit balance. Thus, aesthetic surgery is acceptable only when it fulfils a genuine therapeutic function and does not compromise the moral framework set by Islamic law.

FROM STATUTES TO SURVIVAL: REGULATING ENDANGERED WILDLIFE CONSERVATION IN MALAYSIA

Mazlena Mohamad Hussain — 2025-11-30

According to the World Wildlife Fund (WWF)’s Living Planet Report 2024, there is an average decline of 73% in wildlife species populations between 1970 and 2020. While conservation efforts aid in saving some wildlife species, urgent action is required if these losses are to be reversed. The impact of the decline in wildlife goes far beyond the potential cultural loss. In fact, countries losing wildlife species are set to suffer from ecological problems that result in loss of biodiversity, which can lead to economic crisis. Wildlife around the world, including Malaysia, is constantly facing numerous threats, such as poaching and trafficking, which leave devastating effects on biodiversity and cause climate change. In Malaysia, the Wildlife Conservation Act 2010 (WCA 2010) was enacted to regulate, protect, conserve, and manage wildlife in Malaysia. This article scrutinises the application of the WCA 2010 to determine the extent of its application in Malaysia. Aside from that, the article also examines decided cases that deal with various types of offences mentioned in the WCA 2010. Such analysis has allowed the detection of certain weaknesses in the legislation, wherein suggestions for reform are thereby made. This study primarily utilises a doctrinal legal research method through a critical analysis of the WCA 2010 and related cases. The article finds that a comprehensive understanding of the existing policies and laws relating to wildlife conservation in Malaysia is needed. This understanding will enable policymakers, stakeholders and the public to appreciate the overall legal and policy framework of wildlife conservation in Malaysia and promote effective as well as efficient enforcement of the law.

SECURED TRANSACTIONS REGISTRY: ACCESS TO INFORMATION, JAPAN’S EXPERIENCE, AND LESSONS FOR VIETNAMESE LAW

Tran Thi Cam Nhung — 2025-11-30

The registration of secured transactions plays a crucial role in ensuring transparency, protecting the rights of third parties, and promoting access to information within a legal framework. Effective secured transaction registries enhance disclosure, allowing stakeholders to verify security interests and mitigate risks. Although Vietnam’s current registration system allows electronic registration, it remains largely manual and traditional, leading to inefficiencies and limited public access to essential transactional data. This study examines Japan’s secured transactions registration system, highlighting its advanced features that facilitate seamless access to information. By conducting a literature review of regulatory frameworks, institutional practices, and scholarly analyses, this research identifies key strengths of Japan’s approach that contribute to legal certainty and commercial efficiency. Findings suggest that Japan’s digitised and centralised registration model significantly improves accessibility, reduces administrative burdens, and strengthens enforcement mechanisms. In contrast, Vietnam's reliance on a fragmented and paper-based system hinders effective information dissemination and transaction security. By drawing lessons from Japan’s experience, this study provides policy recommendations for modernising Vietnam’s registry framework. A more efficient and accessible secured transactions registry would enhance transparency, support economic development, and align Vietnam’s legal infrastructure with global best practices.

LEGAL PERSPECTIVES ON STUDENT REPROGRAPHIC PRACTICES AND COPYRIGHT COMPLIANCE IN MALAYSIAN SCHOOLS

Umi Hasheida Hussain — 2025-11-30

The lack of access to quality educational resources and the financial burden of reproducing materials pose significant challenges for Malaysian students and educators. These issues are compounded by limited copyright literacy, resulting in widespread reliance on reprographic practices that raise concerns about compliance and the sustainability of the publishing industry. Legally, these practices sit within Malaysia’s hybrid fair dealing/fair use framework under the Copyright Act 1987, which since 2012 requires the weighing of four fairness factors when assessing fair dealing (s.13(2A)), alongside specific allowances for research, private study, criticism and review, and reporting current events (s.13(2)(a)-(b)). Institutional licensing via a recognised Reproduction Rights Organisation (RRO) supports lawful classroom copying within agreed limits. As highlighted during WIPO’s 45th Standing Committee on Copyright and Related Rights (SCCR) in April 2024, limitations and exceptions are vital to support education, research and access to knowledge globally. This article interrogates how Malaysia’s domestic law aligns with those objectives through an empirical study of students’ access to resources, copying behaviours and copyright awareness. The findings emphasise the need to (i) clarify the contours of educational fair dealing, (ii) expand affordable licensing schemes for schools and (iii) strengthen copyright literacy, thereby ensuring equitable access while respecting intellectual property. Policy- relevant recommendations are offered for lawmakers, education authorities and rights-holders.

THE LAW OF PRESIDENTIAL IMPEACHMENT IN INDONESIA

Dian Aries Mujiburohman — 2025-11-30

This study examines the legal framework and practical implementation of presidential impeachment in Indonesia through a normative legal lens. It traces the evolution of impeachment provisions across different constitutional regimes—from the original 1945 Constitution, the 1949 Federal Constitution, and the 1950 Provisional Constitution to the amended 1945 Constitution— and highlights persistent inconsistencies in regulation and enforcement. Formally intended as a constitutional mechanism to ensure accountability, historical practice reveals that political forces heavily influence its application. By analysing the premature terminations of four presidents—Soekarno, Soeharto, B.J. Habibie, and Abdurrahman Wahid—this study explores the tension between constitutional norms and political realities in Indonesia’s impeachment practice. A perspective from other countries, including cases from the United States, Brazil, and South Korea, is also introduced to situate the Indonesian experience in a broader context. The findings suggest that although the constitutional basis for impeachment has been strengthened, particularly after the adoption of Articles 7A and 7B in the Third Amendment of the 1945 Constitution, its application remains vulnerable to political manoeuvring. Rather than offering a definitive resolution, this study points out that there must be further reforms to ensure a more accountable and legally consistent process of presidential removal in Indonesia.

REASSESSING TRADITION: THE REPUGNANCY DOCTRINE AND THE COLONIAL SHAPING OF CUSTOMARY LAW IN NIGERIA

Jonas Eze Eze — 2025-11-30

In 1900, when the British Government assumed administrative control over Nigeria from the Royal Niger Company, Sir Frederick Lugard, implementing Indirect Rule, retained the Company’s policy of applying indigenous laws and customs in the administration of justice. However, these native laws and customs were required to pass the repugnancy test, which served as a filter to eliminate aspects of Nigerian customary law deemed incompatible with British legal principles. Consequently, the system led to the modification, abolition, amendment, or outright revocation of numerous indigenous legal norms. This study examines the impact of the repugnancy test under Indirect Rule on Nigerian customary law. Employing qualitative research methodology, the research explores the extent to which this colonial policy altered, restricted, or transformed customary legal practices. The findings reveal that the test not only eroded many traditional legal customs but also introduced foreign legal principles and procedural changes.

LEGAL PRINCIPLES IN THE CONSTITUTION OF MADĪNAH: BASES FROM THE QUR’ĀN

Mohd. Hisham Mohd Kamal — 2025-11-30

This article discusses some constitutional legal principles in the Constitution of Madīnah and identifies the Qur’ānic bases for these principles. The principles include ummah, territorial integrity, jihād, obedience to the Messenger (s.a.w.), consultation, goodness, right to life, equality and freedom of religion. For this purpose, the Constitution is analysed through doctrinal research, while the times or the causes of the revelation of the relevant verses of the Qur’ān are identified. In addition, aḥādīth and historical records are referred to. The article finds that all these principles had their basesin the Qur’ān, and that the verses prescribing them had already been revealed at the time the Constitution of Madīnah was drafted. However, this article also finds that the Constitution of Madīnah did not include all the constitutional principles in the Qur’ān because, at the time of its drafting, some of those principles had not yet been revealed. For this reason, the article concludes that Muslim modern States should not simply adopt the Constitution of Madīnah as a model for their respective constitutions; otherwise, their constitutions will not contain all the principles prescribed in the Qur’ān.