Adjudication of Islamic banking and finance cases in the civil courts of Malaysia

The adjudication of Islamic banking and finance (IBF) laws in Malaysia is unique given the Malaysian parallel legal systems. Although IBF is a branch of Islamic law, the civil court has the appropriate jurisdiction to decide the cases. This is due to the fact that banking falls under the items 7 and 8 of the Federal List of the Federal Constitution. The trails of decided cases showed that there are problems in resolving IBF cases in the civil courts. This paper aims to discuss the adjudication of Islamic Banking in the civil courts. The authors employed the method of legal documents analysis in analyzing the IBF cases. The analysis highlighted four obstacles in adjudicating IBF in civil courts, namely; inadequacy of existing legal framework, complications of legal documentation, competency of civil court judges and expert evidence. It also analysed the four approaches adopted by the civil courts in deciding IBF cases; the ‘parties to be bound by their agreement’, the ‘strict adherence to civil law’, the ‘justice and equitable’ and the ‘looking into the substance’.     

Computation of likelihood ratios in fingerprint identification for configurations of three minutiae

Recent challenges to fingerprint evidence have brought forward the need for peer-reviewed scientific publications to support the evidential value assessment of fingerprint. This paper proposes some research directions to gather statistical knowledge of the within-source and between-sources variability of configurations of three minutiae on fingermarks and fingerprints. This paper proposes the use of the likelihood ratio (LR) approach to assess the value of fingerprint evidence. The model explores the statistical contribution of configurations of three minutiae using Tippett plots and related measures to assess the quality of the system. Features vectors used for statistical analysis have been obtained following a preprocessing step based on Gabor filtering and image processing to extract minutia position, type, and direction. Spatial relationships have been coded using Delaunay triangulation. The metric, used to assess similarity between two feature vectors is based on an Euclidean distance measure. The within-source variability has been estimated using a sample of 216 fingerprints from four fingers (two donors). Between-sources variability takes advantage of a database of 818 ulnar loops from randomly selected males. The results show that the data-driven approach adopted here is robust. The magnitude of LRs obtained under the prosecution and defense propositions stresses upon the major evidential contribution that small portions of fingermark, containing three minutiae, can provide regardless of its position on the general pattern.     

Developmental factors related to deviant sexual preferences in child molesters

The aim of this study was to investigate the relationship between developmental factors and deviant sexual preferences in child molesters. In total, 146 adult males having committed a sexual offence against a child were included in the study. Three types of factors were investigated: negative experiences during childhood, behavior problems during adolescence, and sexual criminal activity in adulthood. Negative experiences and behavior problems were assessed through a semistructured interview. The sexual criminal activity was determined using police records. Sexual preferences towards children were assessed using phallometric assessment. Hierarchical regression analyses suggested the presence of two developmental pathways. The psychosocial deficits pathway is related to a sexual interest for nonviolent sexual stimuli involving children. The sexualization pathway is associated with a sexual interest for violent sexual stimuli involving children. These two pathways are discussed in light of previous empirical findings related to the development of deviant sexual preferences in child molesters.