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Perpustakaan Negara Malaysia	 Cataloguing-in-Publication Data
MALAYSIAN LEGAL SYSTEM / General Editor: Ashgar Ali Ali Mohamed. – 2nd Edition.
	 ISBN 978-967-457-149-8
	 1. Law--Malaysia.
	 2. Malaysia--Constitutional law.
	 I. Ashgar Ali Ali Mohamed.
	349.595
Published by
The Malaysian Current Law Journal Sdn Bhd
Unit E1-2, BLK E, Jln Selaman 1
Dataran De Palma, 68000 Ampang,
Selangor Darul Ehsan, Malaysia
Co No 197901006857 (51143 M)
Tel: 603-42705400 Fax: 603-42705401
2020 © The Malaysian Current Law Journal Sdn Bhd (‘CLJ’).
All rights reserved. No part of this publication may be reproduced or transmitted in
any material form or by any means, including photocopying and recording, or storing
in any medium by electronic means and whether or not transiently or incidentally to
some other use of this publication, without the written permission of the copyright
holder, application for which should be addressed to the publisher. Such written
permission must also be obtained before any part of this publication is stored in a
retrieval system of any nature.
Although every effort has been made to ensure accuracy of this publication,
The Malaysian Current Law Journal accepts no responsibility for errors
or omissions, if any.
First Edition: November, 2014
Second Edition: March, 2020
Edited by Sandra Malani Gabriel
Index by Suhainah Wahiduddin
Cover Design by Nurhamimi Mohamad
Typeset by Afrihidayati Asep Hidayat
Printed by
VIVAR PRINTING SDN BHD
Lot 25, Rawang Integrated Industrial Park,
48000 Rawang,
Selangor Darul Ehsan
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Contents
Contents
Preface	i
Foreword	iii
Abbreviations	v
Contributors’ Profile	 vii
Table of Cases	 xv
Table of Legislation 	 lv
Chapter 01
MALAYSIAN LEGAL SYSTEM: AN INTRODUCTION	 1
1.1	 Law And Legal System	 1
1.2	 Malaysian Legal History	 5
1.3	 Colony And A Protectorate Or Protected State:
	 The Distinction	 11
1.4	 Malaysian Legal System: Chapterisation	 12
Chapter 02
LEGAL THEORY AND CONCEPT OF LAW	 37
2.1	Introduction	 37
2.2	 Definition Of Law	 37
2.2.1	 Juristic Definition	 37
2.2.2	 Statutory Definition	 39
2.3	 Classification Of Law	 41
2.3.1	 Classical Classification	 41
2.3.1.1	Eternal Law (Lex Aeterna)	41
2.3.1.2	Divine Law (Lex Divina)	42
2.3.1.3	Natural Law (Lex Naturalis)	42
2.3.1.4	Man-Made Law (Lex Humana)	43
2.3.2	 Common Classification	 44
2.3.2.1	National Law	 44
2.3.2.1.1	 Public Law	 46
2.3.2.1.2 	Private Law	 49
2.3.2.2	International Law	 53
2.3.2.2.1	 Public International Law	 53
2.3.2.2.2	 Private International Law	 54
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2.4	 Substantive Law And Procedural Law	 56
2.4.1	 Substantive Law	 57
2.4.2	 Procedural Law	 57
2.5	 Criminal Law And Civil Law	 58
2.5.1	 Criminal Law	 58
2.5.2	 Civil Law	 58
2.6	 Federal Law And State Law	 59
2.6.1	 Federal Law	 59
2.6.2	 State Law	 60
Chapter 03
MAJOR LEGAL SYSTEMS OF THE WORLD	 61
3.1	 Introduction	 61
3.2	 Civil Law System	 62
3.3	 Common Law System	 63
3.4	 Islamic Legal System	 67
3.5	 Mixed Legal Systems	 74
3.6	 Adversarial System v. Inquisitorial System	 76
Chapter 04
THE DOCTRINE OF RECEPTION	 83
4.1	 Introduction	 83
4.2	 Acquisition Of Territory In International Law	 84
4.3	 The Doctrine Of Reception	 87
4.4	 Settled Or Ceded Territory: The Distinction	 88
4.5	 Modern International Law No Longer Favourable
	 To Colonialism	 91
4.6	 Conclusion	 92
Chapter 05
DOCTRINE OF TERRA ULLIUS: A REVIEW OF MABO & ORS
v. QUEENSLAND (NO. 2) CASE	 93
5.1	 Introduction	 93
5.2	 Reception Of Common Law	 94
5.3	 Doctrine Of Terra Nullius	 98
5.4	 The History Of Australia And Mabo Case	 100
5.5	 Conclusion	 106
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Chapter 06
RECEPTION OF ENGLISH LAW IN STRAITS SETTLEMENTS 107
6.1	 Introduction	 107
6.2	 Brief History Of The Straits Settlements	 108
6.3	 Brief Historical Account Of The Legal
	 Administrations In Penang	 112
6.4	 Formal Introduction And Reception Of
	 The English Law In Straits Settlements	 115
6.5	 Conclusion	 130
Chapter 07
RECEPTION OF ENGLISH LAW IN MALAY STATES	 131
7.1	Introduction	 131
7.2	 The Legal System Before British Intervention	 131
7.3	 The Malay States Were Sovereign States	 133
7.4	 British Intervention And Reception Of English Law
	 In The Federated Malay States	 135
7.5	 Reception Of English Law In The Federated
	 Malay States	 136
7.5.1	 Informal Reception: The Residential System	 136
7.5.2	 Formal Reception: Civil Law Enactment 1937	 139
7.6	 British Intervention And Reception Of English Law
	 In The Unfederated Malay States	 140
7.6.1	 Informal Reception	 140
7.6.2	 Formal Reception: 1951 Civil Law (Extension)
	 Ordinance	 142
7.7	 Administration Of The Malay States	 143
7.8	 Impact Of British Colonisation On Local Law	 144
7.9	 Conclusion	 146
Chapter 08
RECEPTION OF ENGLISH LAW IN SABAH AND SARAWAK	 147
8.1	 Introduction	 147
8.2	 Brief History On The Colonial Rules In
	 Sabah And Sarawak	 148
8.3	 The Reception Of English Law In Sabah And Sarawak	 150
8.3.1	 Reception Of English Law In Sarawak	 151
8.3.2	 Reception Of English Law In Sabah	 156
8.4	 Conclusion	 158
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Chapter 09
CURRENT APPLICATION OF ENGLISH LAW:
SECTIONS 3, 5 AND 6 OF THE CIVIL LAW ACT 1956	 159
9.1	 Introduction	 159
9.2	 Civil Law Act 1956 (Act 67)	 161
9.2.1	 Section 3 Of The Civil Law Act 1956	 161
9.2.2	 Sections 5 And 6 Of The Civil Law Act 1956	 177
9.3	 Conclusion	 180
Chapter 10
PRIDE AND PREJUDICE OF LEGAL IMPERIALISM WITH
REFERENCE TO PRESEVERING ENGLISH LAW IN MALAYSIA:
MAKING SENSE THE DOCTRINES OF RECEPTION AND
SUBSEQUENT ATTRACTION	 181
10.1	 Introduction	 181
10.2	 English Law In Malaysia: Revisiting The Historical
	 Development	 183
10.3	 The Pungent Reality Of The Charter Of Justices	 184
10.4	 The Fortification Of English Law In Malaysia
	 – A Beacon Of Hope?	 187
10.5	 The Cobbled Road Leading To The Civil Law Act
	 1956 (CLA) And Its Stark Reality	 190
10.6	 Jurisprudence Arguments Of The Fossilization Of
	 English Law	 203
10.7	 Conclusion	 205
Chapter 11
FEDERAL AND STATE CONSTITUTIONS	 207
11.1	 Introduction	 207
11.2	 Malaysian General Structure	 207
11.3	 What Is Constitution	 208
11.4	 Brief History Of Malaysian Constitutions	 209
11.5	 State Constitutions	 214
11.6	 Features Of Federal Constitution	 214
11.6.1	 Supremacy Of The Constitution	 214
11.6.2	 Constitution Creates Organs Of Government	 215
11.6.3	 Constitutional Monarch	 217
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11.6.4	 Parliamentary Democracy	 220
11.6.5	 Fundamental Liberties	 221
11.6.6	 Islam Is The Religion Of The Federation	 221
11.6.7	 Malay Privileges And Legitimate Interests
	 Of Other Races	 223
11.6.8	 Constitutional Amendment	 223
11.6.9	 Special Provisions On Subversion And
	 Emergency	 225
11.6.10	 Citizenship	 225
11.6.11	 Federal And State Relationship	 227
11.6.12	 Special Provisions For Sabah And Sarawak	 228
Chapter 12
LEGISLATION	229
12.1	 Separation Of Power In Malaysia	 229
12.2	 Written Law	 231
12.3	 Structure Of Parliament	 234
12.4	 Distribution Of Legislative Powers	 236
12.5	 Types Of Bills	 238
12.6	 Legislative Process In Malaysian Parliament	 241
12.7	 Royal Assent	 243
12.8	 Constitution Amendment Bills	 246
12.9	 Withdrawal Of Bills	 247
12.10	 Gazette	 248
12.11	 Date Of Law Coming Into Force	 250
12.12	 Retrospective Legislation	 250
12.13	 Subsidiary Legislation Or Delegated Legislation	 252
12.14	 Judicial Control Of Subsidiary Legislation	 254
12.15	 Delegatus Non Potest Delegare	 270
12.16	 Amending Or Revoking A Subsidiary Legislation	 271
12.17	 Subsidiary Legislation May Be Retrospective	 271
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Chapter 13
ISLAMIC LAW	 273
13.1	 Islam: An Overview	 273
13.2	 Islamic Law Or ‘Syariah’	 275
13.3	 Syariah In Malaysia	 280
13.4	 Islam In The Federal Constitution	 286
13.5	 Syariah Courts	 293
13.6	 Administration Of Islamic Law (Federal Territories)
	 Act 1993	 303
Chapter 14
CUSTOMARY LAW	 305
14.1	 Definition Of Customary Law	 305
14.2	 The Historical Background Of The Legal Recognition
	 Of Customary Law By Court In Malaysia	 309
14.2.1	 Straits Settlements	 309
14.2.2	 The Malay States	 311
14.2.3	 Borneo States	 312
14.3	 Customary Laws In Malaysia	 313
14.3.1	 Malay Customary Law (Adat)	 313
14.3.3	 Hindu Customary Law	 321
14.3.4	 Orang Asli Customary Law	 325
14.4	 Conclusion	 330
Chapter 15
THE LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976
AND ITS EFFECTS ON NON-MUSLIM CUSTOMARY LAWS
ON FAMILY MATTERS	 331
15.1	 Introduction	 331
15.2	 Position Before The Law Reform (Marriage And
	 Divorce) Act 1976	 332
15.3	 Law Reform (Marriage And Divorce) Act 1976	 337
15.4	 Importance Of Registration Of Marriage	 338
15.5	 Legal Effect Of Registration	 339
15.6	 Conclusion	 344
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Chapter 16
STATUTORY INTERPRETATION	 345
16.1	 Introduction	 345
16.2	 Intrinsic Aids	 346
16.3	 Extrinsic Aids	 354
16.4	 Judicial Principles Governing Statutory Interpretation	 358
16.4.1	 The Literal Approach	 359
16.4.2	 The Golden Approach	 372
16.4.3	 The Mischief Approach	 377
16.4.4	 The Purposive Approach	 383
16.5	 When Do Statutory Provisions Have To Be Interpreted?	 400
16.6	 Particular Rules Of Interpretation	 402
16.7	 Presumptions	 417
16.7.1	 The Doctrine Of State Immunity	 417
16.7.2	 The Presumption Against Retrospective
	 Legislation	 417
16.7.3	 The Presumption Against Barring The Individual
	 From The Courts	 421
16.7.4	 The Presumption Against Taking Away Property
	 Without Compensation	 424
16.7.5	 The Presumption Against The Alteration Of
	 Common Law Doctrines Unless A Statute
	 Expressly States That To Be The Case	 425
16.7.6	 If A Statute Is Silent As To Mens Rea,
	 (Criminal Intent), Mens Rea Is Required	 425
Chapter 17
JURISDICTION AND POWERS OF THE CIVIL COURTS	 427
17.1	Introduction	 427
17.2	 Hierarchy Of Courts In Malaysia	 430
17.3	 Jurisdiction And Powers Of The Civil Courts	 432
17.3.1	 Special Court	 432
17.3.2	 Federal Court	 435
17.3.3	 Court Of Appeal	 438
17.3.4	 High Court	 440
17.3.5	 Sessions Court	 450
17.3.6	 Magistrate Court	 450
17.3.7	 Court For Children	 461
17.4	 Summary Of Jurisdiction	 451
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Chapter 18
SPECIFIC COURTS AND TRIBUNAL	 467
18.1	 Introduction	 467
18.2	 Syariah Courts	 468
18.3	 Industrial Court	 474
18.4	 ‘Labour Court’	 481
18.5	 Native Court Of Sabah	 492
18.5.1	 Native Court Of Appeal	 492
18.5.2	 District Native Court	 493
18.5.3	 Native Court	 494
18.6	 Native Courts In Sarawak	 496
18.6.1	 Native Court Of Appeal	 498
18.6.2	 Resident’s Native Court	 498
18.6.3	 District Native Court	 498
18.6.4	 Chief’s Superior Court	 500
18.6.5	 Chief’s Court	 502
18.6.6	 Headman’s Court	 502
18.6.7	 Powers To Sarawak Native Courts To
	 Impose Penalties	 502
18.6.8	 Imprisonment In Default Of Penalty	 503
18.7	 Tribunal For Consumer Claims	 503
18.8	 Tribunal For Homebuyer Claims	 508
Chapter 19
STARE DECISIS AND RATIO DECIDENDI	513
19.1	 Doctrine Of Stare Decisis	 513
19.1.1	 Application In England	 521
19.1.2	 Application In Malaysia	 523
19.2	 Adherence To Stare Decisis In The Interest
	 Of Certainty And Finality Of Law	 527
19.3	 Decisions Offending Stare Decisis And Its Effect:
	 An Illustration	 533
19.3.1	 Supreme Court’s Decision In Chan Chin Min
	  Anor v. Lim Yok Eng	 533
19.3.2	 Federal Court’s Decision In Adorna Properties
	 Sdn Bhd v. Boonsom Boonyanit	 536
19.3.3	 Federal Court In Metramac Corporation
	 Sdn Bhd v. Fawziah Holdings Sdn Bhd	 539
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19.4	 Adherence To Precedent: A Rule Rather Than
	 Exception	 542
19.5	 Re Hj Khalid Abdullah: A Review	 545
19.6	 Dissenting Opinion	 558
19.7	 Inherent Power Of The Federal Court To Reopen,
	 Rehear And Re-Examine Its Previous Decision	 563
19.8	 Ratio Decidendi	 574
19.9	 Obiter Dicta	 585
19.10	 Conclusion	 589
Chapter 20
STARE DECISIS IN SYARIAH	 591
20.1	 Introduction	 591
20.2	 Status Of Judicial Precedent In Syariah	 592
20.3	 Legal Maxim ‘Ijtihad Cannot Be Revoked By
	Another Ijtihad’: The Meaning Of	 595
20.4	 The Origin And Proof Of The Legal Maxim	 595
20.5	 The Scope Of The Legal Maxim	 597
20.6	 The General Rule Of The Legal Maxim	 597
20.7	 The Application Of The Doctrine Of Judicial
	 Precedent In Syariah Courts	 598
20.7.1	 Malaysia	 599
20.7.2	 Nigeria	 601
20.7.3	 Pakistan	 605
20.8	 Conclusion	 608
Chapter 21
THE JUDICIARY AND THE BAR (CIVIL)	 609
21.1	 Introduction – The Malaysian Judiciary	 609
21.2	 The Malaysian Judicial Structure	 614
21.2.1	 Superior Court Judges	 614
21.2.2	 The Subordinate Court Judge	 621
21.3	 Jurisdiction Of Malaysian Courts	 623
21.3.1	 The Superior Courts	 624
21.3.2	 The Subordinate Courts	 628
21.4	 Ethics Of Judges	 630
21.5	 Legal Profession In Malaysia	 648
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21.6	 Legal Profession Act 1976	 650
21.7	 The Malaysian Bar	 652
21.8	 Admission To Legal Profession	 654
21.9	 Conclusion	 658
Chapter 22
THE JUDICIARY AND THE BAR (SYARIAH)	 659
22.1	 Introduction	 659
22.2	 Administration Of Justice In Islam	 661
22.3	 Syariah Judiciary	 665
22.4	 Conduct Of Judges	 669
22.5	 Registrar Of The Court	 670
22.6	 Syariah Prosecution	 671
22.7	 Chief Religious Enforcement Officer And
	 Religious Enforcement Officer	 675
22.8	 Peguam Syarie	 676
22.9	 Non-Muslim As Peguam Syarie	 683
22.9.1	 Syariah Is An Integral Part Of The
	 Religion Of Islam	 700
22.9.2	 Obligation Of Upholding Justice And
	 Accountability To Creator	 703
22.10	 Conclusion	 710
Chapter 23
BASIC STRUCTURE DOCTRINE AND ITS APPLICATION IN
MALAYSIA: WITH REFERENCE TO DECIDED CASES	 711
23.1	Introduction	 711
23.2	 Basic Structure Doctrine In Malaysia	 714
23.3	 Application Of Basic Structure Doctrine:
	 With Reference To Decided Cases	 721
23.4	 Criticism Against Basic Structure Doctrine	 726
23.5	 Conclusion	 730
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Chapter 24
ATTORNEY GENERAL: ROLE AND POWERS	 731
24.1	 Attorney General	 731
24.2	 Solicitor General	 733
24.3	 Deputy Public Prosecutors	 734
24.4	 Federal Counsel In Civil Matters	 736
24.5	 Whether Attorney General Supervises And
	 Controls Judicial Officers?	 736
24.6	 Attorney General’s Department	 739
24.7	 Powers Of The Attorney General In Criminal Cases	 740
24.8	 Power To Conduct Criminal Proceedings	 746
24.9	 Power To Discontinue Criminal Proceedings	 751
24.10	 Attorney General To Represent Judges Sued
	 In Personal Capacity	 752
24.11	 Attorney General Represented Government
	 At International Court Of Justice And Tribunals	 753
24.12	 Prosecutorial Immunity	 754
24.13	 Conclusion	 757
Chapter 25
ROYAL COMMISSION OF INQUIRY	 759
25.1	 Introduction	 759
25.2	 The Basic Functions Of The Royal Commission
	 Of Inquiry	 761
25.3	 Legal Status On Holding Royal Commission Of
	 Inquiry In Malaysia	 762
25.4	 Establishment Of The Royal Commission Of Inquiry	 764
25.5	 Terms Of Reference For The Establishment Of
	 The Royal Commission Of Inquiry	 765
25.6	 The Powers Of The Commissioner Stipulated In
	 The Royal Commission Of Inquiry	 765
25.7	 Findings Of The Royal Commission Of Inquiry	 766
25.8	 Challenging The Findings Of A Commission
	 Of Inquiry	 767
25.9	 Issues Surrounding The Royal Commission Of Inquiry	 769
25.10	 Conclusion	 770
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Chapter 26
SELECTED COMPLAINT RESOLUTION BODIES IN MALAYSIA	 771
26.1	 Human Rights Commission Of Malaysia	 771
26.1.1	 Functions And Powers	 772
26.1.2	 Powers Of Inquiry	 774
26.1.3	 Composition Of Members	 775
26.2	 Malaysian Anti-Corruption Commission	 776
26.3	 Public Complaints Bureau	 783
26.4	 Ombudsman	 786
26.5	 Inquiries Of Deaths	 790
26.5.1	 Police Investigation Upon The Death
	 Of Any Person	 790
26.5.2	 Magistrate – When No Inquiry Of Death
	 Is Necessary	 792
26.5.3	 Inquiries Of Death Is Necessary	 793
26.5.4	 The Nature Of The Inquiry	 793
Chapter 27
CIVIL PROCEDURE	 797
27.1	 What Is Civil Procedure	 797
27.2	 Law Regulating Civil Procedure	 797
27.3	 Preliminary Matters	 799
27.3.1	 The Cause Of Action	 799
27.3.2	 Identifying The Appropriate Court And
	 Its Jurisdiction	 800
27.3.3	 Parties And Proceedings	 803
27.4	 Commencement Of Civil Suit	 807
27.4.1	 Service Of Documents Locally And Abroad	 808
27.4.2	 Entering An Appearance And Failure To
	 Enter Appearance	 809
27.4.3	 Pleadings And Judgment In Default Of
	 Pleadings	 809
27.5	 Interlocutory Proceedings	 810
27.6	 Preventive Reliefs	 811
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27.7	 Security For Costs	 811
27.7.1	 Pre Trial Procedure	 812
27.7.2	 Pre Trial Case Management	 813
27.7.3	 Trial And Judgment		 813
27.7.4	 Enforcement Of Judgments	 814
27.8	 Appeal	 816
27.9	 Costs	 817
27.10	 Conclusion	 818
Chapter 28
CRIMINAL PROCEDURE	 819
28.1	 Criminal Procedure	 819
28.2	 The Meaning Of Mandatory And Directory	 820
28.3	 Due Process	 822
28.4	 Roles Of The Police	 823
28.5	 Constitution Of The Police Force	 824
28.6	 General Duties Of Police Officers	 824
28.7	 Duty To Investigate Under CPC	 826
28.8	 Preventive Action	 828
28.8.1	 Police To Prevent Seizable Offences	 828
28.8.2	 Information Of Design To Commit
	 Seizable Offences	 829
28.8.3	 Arrest To Prevent A Seizable Offences	 829
28.9	 Prevention Of Injury To Public Property	 830
28.10	 Arrest	 831
28.10.1	 What Constitutes An Arrest?	 831
28.10.2	 Constructive Arrest	 832
28.10.3	 Actual Arrest	 833
28.10.4	 Non Arrest	 835
28.10.5	 Degree Of Force Used In Affecting An Arrest	 837
28.10.6	 Using Of Handcuff	 837
28.10.7	 Resistance By The Accused	 838
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28.10.8	 Persons Who May Arrest	 838
28.10.8.1	 Arrest By Police Officer And
	 Penghulu	 839
28.10.8.2	 Arrest By Private Person	 844
28.10.8.3	 Arrest By Magistrate Or Justice
	 Of The Peace	 845
28.11	 Charges	 846
28.11.1	 Objectives Of Charges	 846
28.11.2	 General Principles	 847
28.12	 Sentencing	 848
28.12.1	 Purposes Of Sentencing	 848
28.12.2	 Retribution	 848
28.12.3	 Deterrence	 849
28.12.4	 Rehabilitation	 850
Chapter 29
EVIDENCE	851
29.1	 Introduction	 851
29.2	 The Litigation Process	 854
29.3	 Evidence	 855
29.4	 Facts In Issue	 856
29.5	 Admissibility	 856
29.6	 Relevant	 856
29.7	 Weight	 858
29.8	 Prejudice	 858
29.9	 Fairness	 859
29.10	 Opinion Evidence	 860
29.11	 Similar Fact Evidence	 861
29.12	 Hearsay	 863
29.13	 Proof	 865
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Chapter 30
LEGAL AID AND LEGAL ADVICE SERVICES	 867
30.1	 Case History	 867
30.2	 Introduction	 868
30.3	 Adversarial Process Of Litigation Requires
	 Legal Representatives	 871
30.4	 Legal Aid And Legal Representation	 873
30.5	 Bar Council Legal Aid Centre	 877
30.6	 National Legal Aid Foundation	 879
30.7	 Court-Assigned Counsel	 880
30.8	 University-Run Legal Advice Services	 881
30.9	 Legal Aid In Islam	 887
30.10	 Conclusion	 892
Chapter 31
ALTERNATIVE DISPUTE RESOLUTION	 893
31.1	 Introduction	 893
31.2	 Dispute Resolution Vide Litigation: The Constrains	 893
31.3	 Mediation	 899
31.4	 Settlement Agreement	 906
31.5	 Arbitration	 910
31.5.1	 Arbitration: Definition	 913
31.5.2	 Arbitration Agreement	 913
31.5.3	 Arbitrator	 915
31.5.4	 Appointment Of An Arbitrator	 916
31.5.5	 Arbitration Proceeding	 918
Chapter 32
TECHNOLOGY AND DELIVERY OF JUSTICE	 929
32.1	 Introduction	 929
32.2	 Court Recording Transcription (CRT)	 932
32.3	 CRT: Important Tool For Implementation Of
	 Rule Of Law	 935
32.4	 Live-Streaming Of Superior Court Proceedings:
	 The Way Foreword	 942
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Chapter 33
ARTIFICIAL INTELLIGENCE, TECHNOLOGIES AND
THE FUTURE OF LAW	 945
33.1	 Introduction	 945
33.2	 Artificial Intelligence	 946
33.3	 Artificial Intelligence: Its Use In Legal Service	 948
33.4	 Legal Education And The Malaysian Legal
	 Services Sector	 958
33.5	 Prospect Of AI Application In Malaysian Legal
	 Education	 959
33.6	 Modernisation Of Legal Education	 961
33.7	 Conclusion	 964
Chapter 34
LEGAL EDUCATION IN MALAYSIA: PARADIGM SHIFT IN
THE ERA OF FOURTH INDUSTRIAL REVOLUTION (IR4.0)	 967
34.1	 Introduction	 967
34.2	 Reading Law In Malaysia	 970
34.2.1	 Public Universities	 972
34.2.2	 Private Universities	 974
34.2.3	 Private University Colleges	 977
34.2.4	 Foreign University Branch Campus	 978
34.2.5	 Colleges	 978
34.3	 Structure Of Bachelor Of Laws Programmes	 981
34.4	 Common Facilities Provided By Higher
	 Education Providers	 982
34.5	 The Future Of Legal Education In The Era
	 Of Fourth Industrial Revolution (IR4.0)	 985
34.5.1	 Administration	 986
34.5.2	 Teaching Methods And Delivery	 986
34.5.3	 Subjects Offered	 989
34.5.4	 Assessment Methods	 992
34.5.5	 Facilities Offered By The Higher
	 Education Providers	 995
34.6	 Conclusion	 996
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Chapter 35
FUTURE OF LEGAL EDUCATION IN MALAYSIA:
TOWARDS A COMMON BAR COURSE	 997
35.1	 Development Of Legal Profession	 997
35.2	 Legal Education And Legal Profession
	 In Malaysia	 1001
35.3	 The Nadir And Zenith Of One To Many
	 Law Schools	 1005
35.4	 Legal Education Reforms: Towards A
	 Common Bar Course	 1015
35.5	 Common Bar Course: A Provisional Languish
	 For Equity	 1019
35.6	 Recommendations: Common Bar Course (CBC)
	 The Alchemy Of A Law Student’s Right	 1021
35.7	 The Common Bar Course – Laying To Rest The
	 Paradox Of Legal Profession And Justice	 1027
Chapter 36
LEGAL RESEARCH AND LEGAL CITATION	 1029
36.1	 Introduction	 1029
36.2	 What Is Legal Research?	 1030
36.3	 Importance Of Legal Research In Legal Studies	 1032
36.4	 Types Of Legal Research	 1035
36.4.1	 Doctrinal Legal Research	 1036
36.4.2	 Empirical Legal Research/Non-Doctrinal
	 Legal Research	 1037
36.4.3	 International And Comparative Legal
	 Research	 1039
36.5	 Introduction To Legal Citation	 1040
36.6	 Purposes Of Legal Citation	 1042
36.7	 Types Of Citation Principles	 1043
36.8	 How To Cite Legal Materials	 1044
36.8.1	 Case Law And Decisions	 1044
36.8.2	 Square And Round Brackets In Case
	 Citation	 1046
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36.8.3	 Citing Foreign Cases	 1047
36.8.4	 Legislation	 1051
36.8.5	 Citing Subsidiary Legislations	 1052
36.8.6	 Books, Articles And Other Sources	 1053
36.8.7	 Citing Islamic Sources	 1055
36.9	 How To Carry Out A Successful Legal Research	 1057
Index	 1061
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Contributors’ Profile vii
CONTRIBUTORS’ PROFILE
Abdul Hamid Bin Haji Mohamad (Tun) had spent 21 years in the Legal
and Judicial Service of Malaysia serving in the courts, the Attorney
General’s Chambers, Inland Revenue Department as well as in the States
as the State Legal Advisor. After that he spent another 19 years as Judge
in the High Court, Court of Appeal, Federal Court and also in the Special
Court and the Shari’ah Court of Appeal for the State of Penang. In brief,
he had been a Judge in all the Courts in the country. He started his career
as a Magistrate and retired as Chief Justice of Malaysia. He had written
567 judgments of the Superior Courts, including one judgment each of the
Special Court and of the Shari’ah Court of Appeal. Most of them have been
published in the law reports. He was involved in the drafting of the laws
for use in the Shari’ah Courts in Malaysia since1980. He also served as a
consultant to Law Harmonisation Committee of Brunei Darussalam. He had
also written, delivered or published not less than 170 speeches, lectures,
articles and working papers. Most of his judgments, speeches, lectures,
articles and working papers are also available on his website: http:// www.
tunabdulhamid.my Currently, he is Chairman of the Law Harmonization
Committee for Islamic Finance, Bank Negara Malaysia, Chairman of the
Monitory Penalty Review Committee of Bank Negara Malaysia, a member
of the Shari’ah Advisory Council, Bank Negara Malaysia, a member of the
Syari’ah Advisory Council of the Securities Commission Malaysia.
Abdul Haseeb Ansari (Dr.) obtained his Bachelor of Science (B.Sc) from
Gorakhpur University, India, Master of Laws (LLM) and Doctor of Philosophy
(PhD) from Banaras Hindu University, India. He has special interest in
revenue law, environmental law, international trade law and comparative
jurisprudence. He has extensively contributed on different aspects of these
areas including a long experience of teaching and guiding research in these
areas. He has authored several books on the above subjects and published
numerous articles both in the local and international journals/reports
and further, presented papers on the abovementioned areas at various
international and local conferences. In June 2019, he retired as Professor
from Ahmad Ibrahim Kulliyyah of Laws, International Islamic University
Malaysia (IIUM). (ahaseeb@iium.edu.my)
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viii Contributors’ Profile
Abdul Majid Nabi Baksh (Dr.) graduated with BA (Hons); MA (Malaya);
Ph.D (Toledo); LL.B (Hon) (London), MCL (IIU), CLP (Hons); Advocate and
Solicitor (High Court of Malaya) (Non-Practising). He is a Senior Lecturer
at the Monash University Malaysia. He was at one time a Professor of
English and then a legal practitioner before taking up an appointment at
the Chinese University of Hong Kong where he was an Associate Professor
in Law. He was also a Visiting Fellow in Commercial and Business Laws at
the Hong Kong Polytechnic University. He has published extensively in
business law areas with occasional forays into other academic disciplines.
His areas of interest include Employment Law, Business Law, Defamation
and Corporate Governance.
Abdul Rani Kamarudin (Dr.) is an Associate Professor at Ahmad Ibrahim
Kulliyyah of Laws, International Islamic University Malaysia (IIUM). He
graduated with Bachelor of Laws (LLB (Hons)) and Master of Comparative
Laws (MCL) from IIUM, and Doctor of Philosophy (PhD) from University
of Exeter, England. He was admitted to the Malaysian Bar as an advocate
and solicitor by the High Court of Malaya in 1990, and Syarie Lawyer of the
Federal Territory of Kuala Lumpur and the State of Negeri Sembilan. His
area of interest includes Criminal Procedure, Law of Evidence, Evidence and
Procedure of Syariah Court and Comparative Penology. He is also accredited
mediator with the Malaysian Mediation Centre of the Malaysian Bar in 2011.
(rani@iium.edu.my)
Adnan Trakic (Dr.) is a Senior Lecturer at Department of Business Law and
Taxation, School of Business, Monash University Malaysia. He graduated
with Bachelor of Laws (LLB (Hons)), Master of Comparative Laws (MCL) and
Doctor of Philosophy (PhD) from International Islamic University Malaysia
(IIUM) and Graduate Certificate in Higher Education (GCHE) from Monash
University. He has taught and researched in the fields of conventional and
Islamic finance law, business law, and alternative dispute resolution. A
co-author of several books, his published work extends to numerous
articles, book chapters, and other contributions. (adnan.trakic@monash.
edu)
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Contributors’ Profile ix
Areej Torla (Dr.) is an Assistant Professor at Ahmad Ibrahim Kulliyyah of
Laws, International Islamic University Malaysia (IIUM). She graduated with
a Bachelor of Laws (LLB (Hons)) and Master of Comparative Laws (MCL)
from the International Islamic University Malaysia, and Ph.D in Law from
Brunel University, United Kingdom. Her area of specialisation is in public
international law on the law of the sea. Her research interest also includes
the legal system, land law and constitutional law. (areej@iium.edu.my)
Ashgar Ali Ali Mohamed (Dato’ Sri Dr.) is a Professor at Ahmad Ibrahim
Kulliyyah of Laws, International Islamic University Malaysia (IIUM). He
graduated with Bachelor of Laws (LLB (Hons)) and Master of Comparative
Laws (MCL) from IIUM, Master of Laws (LLM (Hons)) from the University of
Auckland, New Zealand and Doctor of Philosophy (PhD) from the Graduate
School of Management, University Putra Malaysia. He was admitted to the
Malaysian Bar as an advocate and solicitor by the High Court of Malaya
in 1992. His area of interest includes Employment Law, Civil Litigation
and Alternative Dispute Resolution. He has authored several books on
the above subjects and published numerous articles both in the local
and international journals/reports and further, presented papers on the
abovementioned areas at various international and local conferences.
(ashgar@iium.edu.my)
Chithra Latha Ramalingam (Dr.) graduated with a Bachelors of Laws
(LLB (Hons) from University of Wolverhampton, Master of International
Business Laws (LLM (Merit)) from Staffordshire University and Doctor
of Philosophy (PhD) from University of Malaya. Her research interest is
in Human Governance that encompasses Law, Ethics and Governance.
She has undertaken research in the area of Corporate Governance and
Corporations Law, Employment Law, Sports Law and Cyber Media Law. She
has authored books on Company Law, Elements of Law and co-authored
Law and Technology Management with Open University Malaysia and is
the subject moderator for Malaysian Business Law with a publishing house.
Her experience in research is well compounded on the fact that she had
trained a pool of MACC officers to understand the intricacies of the legal
issues related to company and governance. She has also produced some
peer-reviewed journal publication and presented conference papers both
locally and internationally in the above areas. Prior to her current portfolio
as a Senior Lecturer, she has served as a lecturer locally at various private
universities and abroad in the United Kingdom. (chithlr@help.edu.my)
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x Contributors’ Profile
Duryana Mohamed (Dr.) is an Assistant Professor at Ahmad Ibrahim
Kulliyyah of Laws, International Islamic University Malaysia (IIUM). She
graduated with the following qualifications: Bachelor of Laws LL.B (Hons)
(IIUM), Bachelor of Laws (Shari’ah) (LL.B (Shari’ah)) (IIUM), Master of Laws
(LL.M) (London), and Ph.D (Law) (IIUM). She was admitted to the Malaysian
Bar as an Advocate and Solicitor by the High Court of Malaya. She has
published many research articles in academic journals and presented
several papers at various local and international conferences. Her area of
interest includes Law of Contract, Law of Torts, Compulsory Moots and Civil
Procedure. (mduryana@iium.edu.my)
Farheen Baig Sardar Baig (Datin Sri Dr.) is an Associate Professor at
Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia
(IIUM). She graduated with Diploma in Islamic Studies, Bachelor of Laws
(LLB (Hons)), Master of Comparative Laws (MCL) and Doctor of Philosophy
(PhD) from IIUM. She was admitted to the Malaysian Bar as an Advocate
and Solicitor by the High Court of Malaya in 1996 and her area of interest
includes employment law and tort law. She has co-authored several books
on employment law and published numerous articles both in the local
and international journals/reports and further, presented papers on the
abovementioned areas at various international and local conferences.
(farheenb@iium.edu.my)
Hanifah Haydar Ali Tajuddin is a Senior Assistant Director at the Policy
and Research Unit of the Syariah Judiciary Department Malaysia. Being an
officer at the Policy and Research Unit, she is involved in research relating
to application of Syariah laws in Malaysia and efforts to standardise the
laws, and innovations in improving service of the Syariah court. She is
also tasked as a focal person for her department in preparing responses
for international conventions in issues relating to Syariah laws in Malaysia.
Currently, she is in her final stages of Doctor of Philosophy (PhD) at the
International Islamic University Malaysia (IIUM). She has obtained her
Bachelor of Laws (LLB (Hons)), Bachelor of Laws (Shari’ah) (LL.B(S) (Hons))
and Master of Comparative Laws (MCL) from IIUM. She has co-authored
an edited book on Islamic Banking and published several articles and as
well as chapters in book in both local and international journals/publisher
in areas relating to Syariah laws, legal system, Islamic criminal laws, and
Islamic banking and finance. (hanifah82@esyariah.gov.my)
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Contributors’ Profile xi
MohamadIsmailMohamadYunus(Dr.) is an Assistant Professor at Ahmad
Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM).
He is also a non-practising Advocate  Solicitor, High Court of Malaya,
Kuala Lumpur and a member of the Investigating Tribunal, Advocate and
Solicitors Disciplinary Board, Bar Council, Malaysia. He holds a Diploma
in Public Administration (UiTM) in 1989, Bachelor of Laws (LL.B (Hons)) in
1992 and Master in Comparative Laws (MCL) in 1993 from the International
Islamic University Malaysia and obtained his Doctor of Philosophy (Ph.D) in
Law from New Zealand in 2001. He has been lecturing since 1992 in various
law subjects such as Criminal Law, Law of Evidence and Criminal Procedure.
He is also been invited as a guest lecturer at various law schools in Malaysia.
(ismailmy@iium.edu.my)
MohammadNaqibIshanJan(Dr.)isaProfessoratAhmadIbrahimKulliyyah
of Laws, International Islamic University Malaysia (IIUM). He graduated with
Bachelor of Laws (LLB (Hons)), Master of Comparative Laws (MCL) and
Doctor of Philosophy (PhD) from IIUM. His areas of expertise include Public
International Law, International Humanitarian Law, International Human
Rights Law, International Dispute Resolution, International Commercial
Arbitration, Use of Force in International Relations, Refugee Law and the
Law of the United Nations. He has taught and published extensively in
these specialised areas. Further, he has published a number of books and
numerous articles in refereed law journals, and presented papers at various
conferences. (naqib@iium.edu.my)
Mohd Akram Shair Mohamed (Dato’Sri Dr.) obtained his undergraduate
and post-graduate degrees, Bachelor of Laws (LLB (Hons)), Mater of Laws
(LLM), Master of Philosophy (MPhil), from University of London and Doctor
ofPhilosophy(PhD)fromInternationalIslamicUniversityMalaysia(IIUM).He
is Barrister At Law, Lincoln’s Inn, London and a non-practising Advocate and
Solicitor of the High Court Malaya. He also holds post-graduate Diploma
in Public International Law (Hague) and International Humanitarian Law
(IHL) (Geneva). His areas of teaching and deep interest are Law of Evidence,
Public International Law, International Humanitarian Law, Commercial Law,
Sports Law and Medical Law (being a Registered Nurse of Nursing Council
of England and Wales). He has published a number of research books and
articles and presented research papers at various international conferences.
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xii Contributors’ Profile
Mohammad Tahir Sabit Haji Mohammad (Dr.) is an Associate Professor
at Civil Law Department, Ahmad Ibrahim Kulliyyah of Laws, International
Islamic University Malaysia (IIUM). He graduated with Bachelor of Laws
(LLB (Hons)), Master of Comparative Laws (MCL) and Doctor of Philosophy
(PhD) from IIUM. His principle area in teaching is Property laws and has
researched, consulted, and published in intestate estates law, Waqf (Islamic
endownments) law and its related matters. He has published a number
of research books and articles and presented research papers at various
national and international conferences. (tahiriiumedum@iium.edu.my)
Muhamad Hassan Ahmad (Dr.) is an Assistant Professor at Civil Law
Department, Ahmad Ibrahim Kulliyyah of Laws, International Islamic
University Malaysia (IIUM). He graduated with Bachelor of Laws (LLB),
Master of Comparative Laws (MCL) and Doctor of Philosophy (PhD) from
IIUM. He has special research interest in Public International Law, Private
International Law, Alternative Dispute Resolution, Comparative Law and
Jurisprudence. He published a number of research articles in various local
as well as international academic journals and presented several research
papers at numerous local as well as international conferences. (mdhassan@
iium.edu.my)
Muzaffar Syah Mallow (Dr.) graduated with Bachelor of Laws (LL.B (Hons)),
Master of Comparative Laws (MCL) and Doctor of Philosophy from the
International Islamic University Malaysia (IIUM). He is currently a Senior
Lecturer at the Faculty of Syariah and Law, Universiti Sains Islam Malaysia
(USIM). He has written books and articles published in the local journals/
reports in the area of employment law. His area of interest includes
occupational safety, human resource management, criminal law, Malaysian
legal system and law of evidence. (muzaffarsyah.mallow@yahoo.com)
Nor Hafizah Mohd Badrol Afandi (Dr.) is an Assistant Professor at Ahmad
Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM).
She graduated with Bachelor of Laws (LL.B (Hons)), Master of Comparative
Laws (MCL) and Doctor of Philosophy (Ph.D) from the International Islamic
University Malaysia (IIUM). Her area of specialisation and interest includes
Constitutional Law and Legal System. (hafizah@iium.edu.my)
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Contributors’ Profile xiii
Puteri Sofia Amirnuddin is a Senior Law Lecturer and Programme Director
for Master of Laws programmes atTaylor’s University. She teaches law using
Augmented Reality for Land Law, English Legal System and Legal Skills and
Methods.ARlearningisarelativelynewpedagogicaltechnologyinteaching
law in Malaysia, making Sofia one of the few pioneers to use the technology
successfully. Sofia was a recipient of President’s Award for Transformative
Teaching and Learning in 2018 and also Exemplary Meritorious Award Staff
(EMAS Award) in 2017. Sofia has received a Gold Award for her teaching
innovationtitled‘RedesigningFormativeAssessmentsinteachingLandLaw
using Augmented Reality’at Redesigning Assessment for Holistic Learning
(‘RAHoLE’) Conference 2017. In addition to that, she was also awarded with
a Special Award ‘Most Innovative’ Award for her creative teaching using
Augmented Reality in the same Conference. She also won a Gold Medal in
the International University Carnival on E-Learning Conference 2018 for her
innovation titled‘Closing the Humanization Gap: The Interplay between AI,
AR and NLP in Legal Skills and Methods module’has received recognition by
the Ministry of Education and MEIPTA. Recently, Sofia also received a Gold
Award for her new teaching innovation using gamification in learning Legal
Skills and Methods at the International University Carnival on E-Learning
Conference 2019. (PuteriSofia.Amirnuddin@taylors.edu.my)
Sa’id Adekunle Mikail (Dr.) is currently an ISRA researcher. He is Shariah
Committee Member of BNP Paribas (Najmah) Malaysia Berhad and Member
of Advisory Committee of Expert (ACE) of TAJ Bank Ltd Nigeria. He is a
Shariah Consultant at ISRA International Consulting (ISRA Consulting)
Sdn Bhd and I Consult Africa (PTY) Ltd. Ethical and Responsible Advisory,
Cape Town, South Africa. He obtained his Bachelor Degree of Shariah from
Islamic University of Madinah Kingdom of Saudi Arabia (KSA) in 2006,
followed by Master of Comparative Laws and PhD (Law) from International
Islamic University Malaysia (IIUM) in 2009 and 2013 respectively. His area
of specialisation is Shariah and comparative laws and Islamic finance.
He taught Usul al-Fiqh (Islamic legal theory) in 2009 in IIUM. He teaches
Shariah Aspects of Business and Finance and Shariah Issues and Shariah
Rules in Financial Transaction at the Global University of Islamic Finance
commonly known as INCEIF. His publications focus on Islamic commercial
laws, Islamic legal theory, Shariah issues in Islamic finance and economic
and comparative laws. Apart from ISRA Research Papers (IRPs) he has
published many articles in refereed academic journals and has presented
many papers in local and international conferences.
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xiv Contributors’ Profile
Shamrahayu A. Aziz (Dr.) is an Associate Professor at Ahmad Ibrahim
Kulliyah of Laws, International Islamic University Malaysia (IIUM). She holds
Bachelor of Laws (LL.B (Hons)), Bachelor of Laws (Shari’ah) (LL.B Shari’ah),
Master of Comparative Laws (MCL), Postgraduate Diploma in Shari’ah and
LegalPracticeandDoctorofPhilosophy(Ph.D)fromtheInternationalIslamic
University Malaysia (IIUM). Her area of interest includes Constitutional Law,
Human Rights, Islamic Criminal Procedure and Islamic Criminal Law. She
taught the related courses for almost 20 years. She writes a column in a
Malaysian Daily, Berita Harian and has written more than 200 articles in
refereed journals and presented research papers in several international
conferences. (srahayu@iium.edu.my)
Sodiq O. Omoola (Dr.) is an Assistant Professor at Ahmad Ibrahim Kulliyyah
of Laws, International Islamic University Malaysia (IIUM). He holds Bachelor
of Laws (LLB (Hons)) from Bayero University Kano and qualified as a Barrister
and Solicitor of the Federal Republic of Nigeria. He also holds a Master of
Comparative Law (MCL) and a Doctor of Philosophy (PhD) from IIUM. His
research interest is mainly Alternative Dispute Resolution, e-commerce
Law, ombudsman, consumer protection and Islamic finance regulation. He
has published articles in refereed journals and presented research papers in
several international conferences. (sodiq_omoola@iium.edu.my)
Umar A. Oseni (Dr.) was formerly an Assistant Professor at Ahmad Ibrahim
Kulliyyah of Laws, International Islamic University Malaysia (IIUM). Before
joiningIIUM,hewasaPost-doctoralFellowatIslamicLegalStudiesProgram,
Harvard Law School in the United States. He is a certified mediator and
dispute resolution expert from the Program on Negotiation of the Harvard
Law School. He also holds a Certificate in Responsible Conduct of Research
from Harvard University. He has published widely on current legal and
regulatory issues in Islamic finance as well as different aspects of Alternative
Dispute Resolution in leading journals across the world.
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ARTIFICIAL INTELLIGENCE,
TECHNOLOGIES AND
THE FUTURE OF LAW1
33.1	INTRODUCTION
When it comes to technology, often, the experts of other disciplines
blame legal experts and their schools for being followers of other
disciplines. This critique is addressed both in developing new
knowledge and scientific tools, and viewed to be lagging behind others
in the dissemination of legal skills and expertise to their students.
Indeed, this may be true and should be of concern to the policymakers
when law schools are not open to the use of advanced tools developed
by scientists to prepare students for a better future that are required and
expected from them in the job markets.
Law schools, law firms, Government agencies and other branches of
legal fraternity are being the centre of focus. The chapter looks at how
much these organisations have adopted technology, especially artificial
intelligence (AI), in the management and administration of their daily
affairs, relating to law and legal advice based on the tasks performed by
the machines for the ease and accuracy of legal counsel. For the above
purpose, this chapter looks at the tendency of law firms and law schools
on the international level including those in Malaysia.
The results were used to simulate the future direction of the technology
for use in local law firms and Government agencies. Accordingly, this
chapterfirstintroducestherelevanttechnologydevelopedbyconcerned
bodies for the benefit of legal search and advice, acceptance and active
participation of law experts in its development. It further explains its
usefulness in the discipline and then makes recommendations on the
prospects of AI in Malaysia.
Introduction
CHAPTER 33
1	 This Chapter is contributed by Mohammad Tahir Sabit Hj Mohammad, Ashgar Ali
Ali Mohamad and Sodiq O. Omoola.
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33.2	 ARTIFICIAL INTELLIGENCE
Artificial intelligence or AI is one of the newest disciplines which seeks
to build intelligent entities possessing all the entire functionalities of
homo sapiens, i.e., intelligence. The two words, mainly “artificial” and
“intelligence” are primarily based in two separate disciplines, i.e.,
natural science and philosophy respectively. While natural science
is concerned with the study of the physical world, philosophy relates
to the study of human intelligence and reasoning. The term AI was
formally coined in 1956, and have been increasingly competing with
human intelligence and abilities to see, learn, remember, perceive,
understand, predict, and manipulate complicated environments. At
par with modern genetics, scientists have cited AI as “field I would like
to be in” due to the vast opportunities to contribute new theories and
ideas. For a creative mind, this could be the truth of his life. However,
from the perspective of job opportunities and the ability to work in
the legal industry, it is threatening to future graduates of laws if the
legal educational institutions do not include these matters in their law
programs.
Artificial intelligence is advancing on multiple levels and in a variety
of capacities. It can be divided into two: technology in violation of
individual rights, and those which intrudes in the practice of lawyers.
Future graduates of law need to know both parts of technology.
Litigations in American courts is already happening concerning the
violation of privacy, and the threat by AI enabling private commercial
industry to watch the movement of every cursor by consumers without
their consent has alarmed many. Which field of law to deal with such
violation is an issue that could be integrated into the current relevant
curriculum of law schools, or a specialised course could be offered on
graduate and postgraduate levels. Nevertheless, for the sake of this
chapter, the focus is on the second type of AI that poses a threat to
future law graduates regarding jobs and employability. Needed skills
have to be identified, students have to be equipped with so that they
could work with machines that have human-like thinking capability.
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The forefathers of sciences in this area introduced this particular
technology as “[The automation of] activities that we associate with
human thinking, activities such as decision-making, problem-solving,
learning ...” (Bellman, 1978). To think of a computer as a “machines
with minds, in the full and literal sense” (Haugeland 1985), or the
“study of mental faculties through the use of computational models”
(Charniak and McDermott, 1985), may be the cause for admiring
the capability of human mind replicating itself. Nevertheless, to say
“the art of creating machines that perform functions that requires
intelligence when performed by people” (Kurzweil, 1990), or “the study
of the computations that make it possible to perceive, reason, and act”
(Winston,1992)isnotmorethanamusementistodenythereality.These
definitions of AI which points to various dimensions and perspective
of the authors have made some scholars concerned about the thought
process and reasoning while others emphasise the behaviour of AI
entities. Other aspects that include the measure of success compared to
human performance and rationality afford optimism.
Lopez (2016) reported Susskind, a scholar on the matter, explaining the
role of AIs. “AI and other technologies are enabling machines to take on
many of the tasks that many used to think required human lawyers and
that’s not plateauing. It seems to be happening at quite a rate.” Susskind
has predicted that Artificial Intelligence in law will take off in the 2020s.
Thus far, many firms strive towards automation of their tasks. Hence,
AI is looked as a threat and provider of opportunity, as much to a lawyer
as it could be to any other proponent of effective and efficient service
delivery. Legal technologies referred to as AI entities and solutions,
deployed either wholly or partly in legal services and justice delivery,
are here to remain. How to use them, and for what purpose, with and
without human control, needs to be understood, so that law schools
could prepare their graduates for the task that requires human work,
make their graduates useful, and enhance further the delivery of legal
service and dispensation of justice in a fast and cheaper way.
Artificial Intelligence
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Artificial Intelligence, Technologies
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33.3	 ARTIFICIAL INTELLIGENCE: ITS USE IN LEGAL
SERVICE
Law and legal disputes are the inescapable occurrences in everyday
tasks of humans; some are there merely because of compliance with
rules of behaviour, and others happen because the actors are in and
out of courthouses. This daily necessity of human life has not gone
unnoticed by the pioneers and champions of the AI industry. To assess
the situation to prepare future lawyers for the tasks ahead of them, the
following sections offer the minimum of the current advances of the
technology and their usefulness in legal service.
The Emerging AI Technologies For Legal Service Industry
The advances in the legal technologies are impressive but not yet ideal,
which gives time to the AI industry and legal education centres to
improve the tools and prepare the potential users of the technology.
LawGeex (A general picture of such advances is illustrated by Table 1.
Table 1: Legal Technologies, their Functions, and Development
Entities
Purpose Tasks Developing Companies and Applications
Due
diligence
Contract
review, legal
research and
electronic
discovery
Kira Systems Thoughtriver Everlaw
Leverton Lawgeex DISCO
Ebrevia Legal Robo Catalyst
Coin Ross
Intelligence
Exterro
Casetext Brainspace
Discovery
Prediction
technology
Litigation
outcome
forecast
Intraspexion Premonition Legal Analytics
Ravel Law Lex Machina
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Legal
analytics
Win/loss rates Lex Machina Ravel Law Settlement
Analytics
Document
automation
Create
filled out
documents
PerfectNDA
Intellectual
property
Analysing
large IP
portfolios
TrademarkNow SmartShell
ANAQUA
Studio
Electronic
billing
Lawyers’
billable hours
are computed
automatically
Brightflag
Smokeball
Source: https://www.techemergence.com/ai-in-law-legal-
practice-current-applications/
Techemergence (2018) reported around 35 applications to be already
in the market. It appears that both new and traditional law related
businesses and educational centres have joined to collaborate. A close
collaboration of this nature may prove to be the way in the development
of tools that could enhance work effectiveness of their organisations by
paralegals, researchers, educational centres, and litigants. Some of the
functions of these applications are explained below.
End Users, Functions And Capabilities Of AI
The primary beneficiaries of AIs are going to be paralegals, legal clerks,
legal researchers in courts, junior lawyers, and most importantly low-
ranking judges in inferior and high courts (Techemergence, 2018). How
much these groups of lawyers and machines can benefit the industry
is a matter of time, focus, and human mindset about working with
devices and/or enhancing their skills about them. Some of the features
of a selected number of AIs are highlighted below.
Globally technology firms and start-ups are concentrating on
simplification, facilitation, and modernisation of services offered by
legal firms and agencies. There exist several systems, currently used
Artificial Intelligence: Its Use In Legal Service
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Artificial Intelligence, Technologies
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in USA and Canada for legal research with a purpose to provide fast
service to their clients. Their efficiency regarding accurate and reliably
sifting millions of documents in a matter of seconds is attested by a
360,000 man-hours job which can be done within seconds. Such a
speed helps firms with large clients to save money and time.
Different basic tasks are identified to be performed by the new
technologies. JPMorgan in the USA uses Contract Intelligence (COIN)
for review of legal documents. Kira Systems, LawGeex, and eBrevia are
other AI systems designed for legal research. Another system called
ROSS Intelligence, an IBM Watson technology is developed in Canada
for the same purpose. The Indian software CaseIQ takes things more
seriously by targeting junior lawyers in refining their briefs. The British
Casemine is another system that performs several tasks including that
for which some systems are specifically designed.
The functionality of systems such as ROSS, COIN, and others help
legal firms in their initial stages of preparation for settlement of legal
disputes before going for open court arguments (i.e, at the stage of
pleadings, and discovery). Due diligence information is the first thing
to do. ‘Litigators perform due diligence with the help of AI tools to
uncover background information.’ This include ‘contract review, legal
research and electronic discovery’ (Techemergence, 2018). Lawyers, it
is reported, perform this task on behalf of their clients to ascertain facts
and figures and accordingly assess the nature of the case before them.
If correctly evaluated, this would help them to advise their client on
what to do considering the available options according to the results
presented by AI and also advise on what action they could take.
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Table 2: The Performance of AIs on Due Diligence Compared to
Lawyers’
Task Lawyers
results
AI
Technology
results
System
Contract review by searching,
highlighting, and extracting
relevant content for analysis
Less accurate More accurate Kira Systems
Recurrent review of the
extracting material and reading it
with other linked material
Improved
from 40-90
Kira Systems
Multi-lingual search
(20 languages)
Search on payable rent,
maintenance costs and expiration
dates from thousands of
documents and organizing them
on a spread sheet
- Accurate and
organised
LEVERTON
Extracted relevant textual data
from legal contracts other
documents to guide lawyers in
analysis, due diligence and lease
abstraction
- - eBrevia
Customized specific requirements
of firms that require thousands of
documents for rapid review
Slow and less
accurate
50 documents
per minute
10 pc accurate
eBrevia
150 attributes from 12,000
commercial credit agreements
and contracts
Equivalent to
36,000 hours
of legal work
a few seconds JPMorgan
(COIN)
Contracts, portfolio reviews and
investigations for improved risk
management
Risky
contract
identification
Fast ThoughtRiver
Policy compliant contract
identification, changing legal
content into numeric form and
reducing linguistic complexity;
recommended readings, related
case law and secondary resources,
answers with references and
citations
LawGeex,
Legal
Robot, Ross
Intelligence
Source: Techemergence, 2018
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On the above front, the progress and accuracy of AI technology results
is higher than that of the human mind. The technology comes down
to the aggregation of factual statements and analysis of extensive
documentation, used by lawyers to strategies their actions for helping
their clients and the courts to see strong arguments for the benefit of
respective adversaries.
Another feature of the AIs of laws is the prediction of the outcome of
the case at the end of a court hearing. This feature may seem relevant
to the American system of justice, where predictions are based on the
ideological tendency of judges. To what extent this tendency may affect
the prediction of winning or losing a case is one matter. But facts and
figures, as well as statements relevant to a new dispute presented to and
discovered by a firm, are another. A decision by claims and evaluation
of previous decisions, in addition to facts and figures of the case, are
the core on which legal analysis in any jurisdiction should depend. The
accuracy of prediction on these grounds will make the work of lawyers
easier.
Kantz (2012) viewed “Quantitative legal prediction already plays a
significant role in certain practice areas and this role is likely to increase
as greater access to appropriate legal data becomes available.” Some
main benefits of this function of AIs illustrate below the advances in this
field. Various universities’ teams tested their algorithm on a significant
number of courts cases, and their rate of success was at 79 % against
59 % by experts (Theodor, 2004), of 70.2 % (Katz, 2017), and of 79 %
(Aletras, 2016).
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Table 3: Predictions by AIs and its Types
Prediction AIs System
Threats of litigation: high-risk documents
identification and display of risk levels,
explanation thereof	
Intraspexion
Predicting the ruling of a particular judge:
Identifies outcomes based on relevant
case law, judge rulings and referenced
language from more than 400 courts
Includes feature cases, citations and
decisions of a specific judge
Time management based on courts
process and lawyers records (win rate,
case duration and type, and his pairing
with a judge)
Accuracy: 30.1
(large data and 95
variables needed)
Ravel Law,
Premonition,
Lex Machina,
Legal Analytics,
Ravel Law
Source: Techemergence 2018
The above discussion and the results have to be taken carefully. While
a machine, on a specific issue, based on qualitative data, may have
better results as the AI’s capability is enhanced (Donahue, 2018), a
quantitative data analytics based predictions for settlement purpose is
yet to be reliable. Parnell (2016) reasoned that small size historical data
and current events might have weak relationships.
The report from McKinsey Global Institute (2013) on advanced robotics
shows that ‘capable robots or robotic tools, with enhanced “senses,”
dexterity, and intelligence,’ could automate delicate or uneconomical
tasks. This is, henceforth, another area of AIs work which can provide
more authoritative and reliable briefs. This is done by uploading briefs
by lawyers to get suggestions. The machine will provide additional
documents to strengthen the arguments of lawyers in court.
Automated drafting of specific types of agreements (PerfectNDA,
Docracy, Beagle) through special software is proving their efficiency
and effectiveness which can be done according to the answers given by
a client (Techemergence, 2018).
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In line with the efficiency of record of the AIs, some AIs are useful
in copyrights especially patent registration process which takes a long
time to find the answer and within one year from the time of invention.
For instance, TrademarkNow gives results with the ranking of choice
within seconds. ANAQUA Studio enables lawyers to complete patent
drafting applications within a short time with accuracy. SmartShell,
another system, is designed for paralegals for ‘document reviews,
drafting, formatting and identifying issues on patent applications.’ It
is good for ‘document retrieval, bibliographic data research, examiner
remarks review, and rejection issues discovery.’
Other innovations may be the cost-effectiveness of firm management
in the area of auto billing. This system is intended for ‘reducing
disputes online items, more accurate client adjustments, (potentially)
more accurate reporting and tracking, and reduced paper costs.’
Techemergence (2018) list Smokeball, and rightflag for such bills
automation. Wolters Kluwer (2018) added compliance improvement
with billing guidelines ‘across outside counsel relationships.’ This may
have an adverse effect but seems to be popular.
Threat Or Utility?
The effect of AIs on law and the legal profession is not settled yet. While
a group considers practicing lawyers’ jobs to be immune to AIs threat,
other groups see the law to be the second to accounting. The truth may
be in between. It is found (https://willrobotstakemyjob.com/23-1011-
lawyers) that AI presents 3.5 percent threat to lawyers. Winick (2017)
on the other hand reported ‘that 22 percent of a lawyer’s job and 35
percent of a law clerk’s job can be automated’. The lack of low percentage
may be because, so far, it cannot draft documents independently, and
cannot represent clients, for both, are human tasks. One may not wish
to rely on AIs because there is the possibility of algorithm bias if AI is
used to predict reoffending. This prediction depends on the economic,
social and ethnic backgrounds (Arnold, 2018). Further, AI cannot get
the concept of justice.
The threat to paralegals and clerks as well as junior lawyers is there. Up
to this time, Wevorce, an online service provider, offers to divorcing
couples a self-guided online solution for a fixed fee of $949 excluding
court filing fees. It allows couples to reach an amicable settlement as the
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system provides them with models and experts to guide the couples.
This is a threat that lawyers have to accept though the service is provided
halfway up to the doorstep of relevant courts.
Law is not a static discipline, and so is the AI. Both need each other. AI
can help in the effectiveness and efficiency of legal service, and the law
should allow AI to evolve in a friendly legal environment. If this is to
take place, legal education has to be improved.
Legal Educational Institutions And AIs
Ascanbeinferredfromtheabove,inthenearfuture,thelegalprofession
could have fewer young lawyers focused on traditional legal services.
We also think that the lesser the number of junior lawyers, the lesser
would be the top and experienced ones. This area, therefore, needs the
attention of legal education institutions.
The improvement of AI technology in the legal profession needs
continual concentration, as we understood from the abovementioned
bits of facts concerning progress in this area. Fresh research and training
are necessary to be offered by all universities having law programs. The
existing technologies have to be understood, to map the capabilities
of the machines. For instance, EVA the free IT service provided by
ROSS lists various branches of laws. However, its service is restricted
to facts and law. What it could or could not do has to be known and
upon such knowledge, legal innovations may be made and introduced
to the industry with further improvement. Both law and technologies
are ever evolving disciplines and therefore need regular attention and
improvement.
Changes in rules and procedures may necessitate part of evolving
studies, but most significantly the resulting change of data on legal
rules, new cases, and new issues may affect predictive nature of the AIs
in law. Simple examples, with existing precedents regarding similar
facts, could be solved easily by artificial intelligence. However, where
precedents are not clear or multiple, facts are misleadingly identical,
statutes are open-textured, duplicated and deficient, and there has
arisen a case that is not covered by the existing data, the algorithm may
do some work, but it may not be reliable or desirable in the interest of
justice. All these, therefore, requires legal educational centres to map
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such relevant knowledge gaps and devise strategies for finding solutions
to it. These solutions may include knowledge about the limits of AIs in
the legal profession.
Knowing the limits of robotics in law may enable educators to propose
new skills that could help future lawyers learn what useful work they
could do where robots have stopped working. For these, the future
legal education should be based on things where human should learn
and excel. Extensive university training has to be designed so that they
can produce lawyers that are trained in using AI technologies, logical
reasoning, and others.
The nature of work on AI machines, perhaps, compelled by economics
and visionary impulses, point to the quality of actions many universities
have done thus far worldwide, as we mentioned above. Some of them
are given in Table 4 below. The work of these universities may be divided
into two types which is explained below.
Table 4: Leading Universities Participating in the Development of
AI Programs
Schools Courses on Law and AIs
The New York University School of Law Competition, Innovation, and
Information Law Program
The GWU Law School Copyright, trademark, communications,
e-commerce, biotech, etc.
George Washington University Law
School
Patent the Bell telephone, Mergenthaler
typewriter, and Eastman film cameras
West Coast, Stanford’s LLM in Law,
Science  Technology (LST)
E-commerce, cybersecurity, biotech,
health sciences, and intellectual property
Beijing’s Renmin University Cross-disciplinary lectures in fintech
and blockchain, while courses such as
Introduction to Big Data Analytics
Tsinghua University Masters in Law and Computing Program
The application of big data and AI in the
legal industry. networks, big data, and
artificial intelligence
University Of Minnesota Law School Law  Artificial Intelligence
University of Pittsburgh School of Law Law and AI (Artificial Intelligence)
Sources: Authors’ Compilation
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Educational Institutions of Law and Computers are involved in
developing AI technologies, and at the same time educating their
students to learn to work with new technology so that the efficiency
of the workplace can be achieved. The vision is of the Augmented
Intelligence or of Human-Computer Interaction, whereby machines
and humans could work collaboratively (Sharples, 1996). It is the thing
of today, and the future of the legal profession to be run by men is not
certain, as work is in progress to produce robot lawyers and judges. In
this environment, the current results are achieved, and the following
universities perhaps envision the future.
The University of Pittsburgh School of Law has introduced an LLB
course whereby AI graduate students and law undergraduates together
attempt to design computer programs capable of performing legal
reasoning or solving legal problems. The graduates introduce law
students to the basics of AI, and the law students help the graduate
student understand the legal reasoning. They develop models, conduct
experiment on how their newly developed programs are performing.
They also introduce students to new technologies for legal information
retrieval and e-discovery. The US universities, e.g, Harvard and few
others have been able to develop their technology-based programs for
legal innovation and their graduate in junior positions are benefiting
from it. Hence, on the one hand, they develop technology and on the
other hand train their students.
Indeed, with the introduction of EVA (the free IT service provided by
ROSS lists various branches of laws) and other similar systems existing
in the market, and their free online services, in a very short term,
universitiesmaybeabletoincorporatetheuseofthistechnology,orbear
its costs, either in an integrated or focused manner. The technologies
may cover substantive and procedural matters. These legal programmes
would enable future generations of law graduates to acquire the skill
of using technology and enhance the capabilities of doing things
that the machines are unable to perform. With this, the information
management may be achieved by machines, the connections of dots,
the results of AI research will still need the skill and capability of
sound logical reasoning which may sway the court in favour of a client
represented by a competent and skilful lawyer. These benefits should be
universal and should also be the focus of law schools, legal profession,
and law agencies in Malaysia and any other developing country.
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33.4	 LEGAL EDUCATION AND THE MALAYSIAN
LEGAL SERVICES SECTOR
In Malaysia, AI at this point is not considered a threat. Instead, office
automation is viewed as a helping hand. It is a modernising thing that
may make lawyers look attractive to their clients, even though it could
be at a minimum. For judicial clerks assisting judges to be efficient in
managing their office work, legal research, and to be active in serving
their clients, AIs look ideal. Technological advances of the legal
profession, at par with that in other countries, have not yet attracted the
full concentration of the gatekeepers of the profession or governmental
agencies.
Law journals and reporters do have digitised data of all reported and
unreported cases from the superior courts of Malaysia and have the
capability to cater for basic and a Simi advanced search. The search
capabilities are helpful to a minimal point. Their results cover the
reported cases and are unhelpful in finding the existing judge-made
law on a given point. These results are useful for research on a specific
point but cumbersome in general, as it shows relevant and irrelevant
data at the same place. In the Tech industry, start-ups such as LexTech
which began in 2016 is determined to introduce innovations to the
legal industry. Hence, unlike the situation in the US and England, they
promote applications and innovations made by lawyers. Other products
mentioned above are not listed on their web page. Both the data from
journals and Tech industry, therefore, have a long way to be ideal.
On adverse, it is reported that Malaysia does not have a friendly
policy and regulatory environment for introduction and promotion
of legal technologies that could be at par with Singapore. In the
opinion of the President of the Malaysian Bar Council, technology
may arrive slowly (The Star, 2017). The reason for this was the lack of
understanding of technology by lawyers which he hoped with proper
education, the fraternity may realise that technology would help them
to be more productive. This pushes the ball to the universities to be
the leaders of AIs role in the legal profession of Malaysia. Nevertheless,
few universities offer pure AI courses for graduate and postgraduate
students in Malaysia which indicate that the existence of AI technology
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in Malaysia is at its infancy stage. To make these universities leap
further into programmes to be law specific may take time. However,
it seems that the legal profession is open to technological innovations.
Several parties need to lead the effort towards the introduction of AIs
to make the legal profession more efficient and effective.
33.5	 PROSPECT OF AI APPLICATION IN MALAYSIAN
LEGAL EDUCATION
The single fact established by the preceding discussion was that in
no small extent the AIs in legal profession improved effective service
delivery with efficiency. To enhance the legal service, both the
Government and the professional body concerned need to make a
concerted effort.
The vision may begin by the chambers of Attorney General (AGC), Bar
Council and Judiciary and/or by all of them. The AGC as an end user
of the AIs technologies may save time and money if they could adopt
robotics in their legal research, law revision, and other tasks related
to the enforcement of laws throughout the country. The same would
be true if the Bar Council take the role of coordinator, promoter, and
facilitator and encourage its members to welcome the modernisation
of the legal profession. What is needed by the lawyers in the AGC and
the legal profession, is also required by courts in their legal research
and finding the most reliable and logical strong deducted or inducted
rules of law established by their peers in the past within or outside the
jurisdiction? Recognition of reliable services and making decisions
based on machine analysis and prediction would open many doors for
the innovation of the legal profession and their services.
Modernisation of the legal profession through technology needs more
thanjusttransformationofthemind-setofthepolicymakers.Inaddition
to the above task, there is a need for incentive and encouragement by
the policymakers, which may be tax rebated in time, and in the other,
it may involve direct funding of in-house or contracted research in
the area or development and production of real tools. The contracts
for such tool development could be done by the private sector and
Prospect of AI Application
In Malaysian Legal Education
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also universities of the country. The Malaysian universities could be
more proactive, irrespective whether or not their computer-related
educational programs are general or specific, and whether they work
alone or with others in a real interdisciplinary manner. In addition to
research and development, the university may owe a duty to the nation
to provide a far-sighted educational service to their students. This will
include getting new legal technologies, developing them, and using
them in their classrooms and computer labs to enable the graduates to
have all the skills that make them successful and competitive.
Thelegalfraternityincludingdraftersofstatutes,lawyers,andjudgeswas
recognised to be the stakeholders and beneficiaries of the complexity of
legal rules and their linguistic jargons. This bias may be eliminated by
the introduction of legal robotics and AI technologies, thereby making
legal advice cheaper and democratic. If AI could have the capability to
make the work of hundreds of hours of work by lawyers, a good public
service could be delivered to the members of a given society.
The path towards the application of AI in the legal services sector in
Malaysia can be achieved through the efforts of institutions within and
outside the Government. Such efforts must embrace interdisciplinary
collaboration, research and ingenuity on the part of the judiciary,
lawyers, law teachers and students.
One of the institutions of paramount importance is the Bar Council
Malaysia which was established under the Legal Profession Act 1976 to
protecttheinterestofthelegalprofessionandthepublicinMalaysia.Asa
body comprising of approximately over 21000 members, it is important
that the Bar recognises the need for some aspect of AI technologies in
legal training and legal services for the lawyers. In addition, one of the
objectives of the Malaysian Bar is to facilitate the acquisition of legal
knowledge by members of the legal profession. It appears that legal
knowledge has exceeded the bounds of law discipline and some aspects
of technology has become the mainstay of legal service. In partnership
with the AGC and other stakeholders, the Malaysian Bar can also lead
the drive towards educational reform to include legal technologies
in the training of law students. However, the Malaysian Bar can only
offer top-down approach through its members but the law schools and
educational institutions have a bigger role to play.
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A bottom-up approach is required in the training of aspiring lawyers
from the law schools in Malaysia. This is through the incorporation of
certain compulsory or elective courses in the university curriculum. In
order to achieve this, university lecturers must improve their emphasis
on collaboration and common ground between technology and law
research. In the age of social media and disruptive technology, law
students could be willing collaborators in Artificial Intelligence and
relationship with law subjects.
A major constraint to the teaching of technology and law subjects is
the non-scientific nature of legal training. Therefore, it is necessary for
law teachers to foster collaborative research through interdisciplinary
projects involving technology experts. This can be achieved through
research grants in collaboration with experts in computer sciences.
Law students should be encouraged to join the entrepreneurship and
start-up ecosystem in Malaysia to create innovative tools in solving
law-related problems. For these, the future legal education should
be based on things where human should learn and excel. Extensive
university training has to be designed so that they can produce lawyers
that are trained in using AI technologies, logical reasoning, and others.
33.6	 MODERNISATION OF LEGAL EDUCATION
The most important part of a university obligation towards its students
of laws is to equip them for the future job market, both domestically,
and in the global arena where jobs are for grabs if the applicant is
soundly educated both in legal discipline and other related areas of
market needs.
National legal and judicial services are often subject to criticism for its
delayed delivery of services to the public. Such a critique sometimes is
muted by the lack of financial resources available to the public servants
and judiciary. Delayed justice is as bad as the lack of justice when the
enforcement of obligation is essential to the survival and sustenance of
the victim of actionable wrongs. This is not sufficient in the age of AI.
But an AI may not be effective if the machines are not appropriately
handled.
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The legal profession is a business as much as it is the dedication of legal
professionals to a just system of law. A law faculty needs to endorse
both aspects of the legal profession in its curriculum. This should be
seen in the graduates of the law school.
Good graduates are needed for a legal firm, to contribute to society
provided that the firm could sustain itself economically and
intellectually, which can be so if the firm could be effective and efficient.
However, it is questionable, now, whether or not the current educational
system in law schools could contribute to the efficacy and efficiency of
the public and private legal entities and firms. For these reasons the
following techno legal knowhow has to be cultivated in the professional
capabilities of fresh graduates of law schools in the following areas.
Rights and Liabilities
Often data protection is the main buzzword of the town. Rights and
liabilities related to the ownership of data is part of the whole story.
Other matters include the violation of personal freedoms by the
surveillance industry such as data collectors, storers, operators, and
the users of such personal data to gain an unfair advantage through
such use of the data. In AI-related activities, the legality of the work
performed by machines, damage and injury it causes due to negligent
creation of an algorithm, the manufacturers, and end-users of these
machines.
The Management Related Know-How
The recent survey in some countries indicates that law firms have
legal technology, the majority of which do not provide training to
their members. The lack of training in law firms, therefore, should be
understood to be based on an expectation that the law schools have to
prepare their students. Assuming this to be the case, the law students
who wish to join private firms should know the following areas:
The digitalisation of data, voice recognition technology, cloud storage,
virtual office and its advantages and disadvantages are the basics that
a fresh graduate has to know. As online presence may expose legal
firms and their clients to cybersecurity risks, students need to know
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the risk of virtual presence and the means how to avoid it. For instance,
familiarity with backup software’s help the future lawyers protect their
data so that ransom seekers will not affect them.
Blockchain technology is the future and demands the presence of
lawyers. One who understands the technology and is present at this
platform may benefit his firm and clients in the area of smart contracts,
mediation,insurance,finance,decentralisedautonomousorganisations,
smart real estate transfers and dealings. Policy and regulatory needs
are part of this technology. Therefore, if the university could train its
students in this area, they certainly would have an advantage over
others.
The introduction of AIs without proper training of firms’ members does
not help them perform effectively. Therefore, the training of students
in this type of technology is necessary. The relevant technologies, in
which students need training, include documents’ review, documents’
analysis, documents’ summary, case briefs, case and facts management,
contracts’ analysis, and prediction of the outcome of a given litigated
case. Though these functions of AIs are available, however, they can be
productively used if lawyers could fine-tune them further. University
may help students to acquire the skill of using these technologies and
henceforth fill the gap where skilled members of a law firm are at a
minimum.
Future university students have to be familiar with communication
technology, auto document-capture and workflows software so that
they can use it for contact with new clients, notification to the existing
clients, and e-discovery with audio and video capabilities especially
those who have opted for a virtual office. The skill of communication,
redaction, and encryption of communication is another need for a
firm. Such skill must be viewed as necessary where a firm has virtual
presence.
Firms that use advanced technology which is complicated may face
a severe breakdown. The lack of training and to whom to turn to for
training may affect the productivity of small and solo firms seriously.
A law school, therefore, could help its graduates in acquiring this
knowledge and skills and help them succeed in the place of work.
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Students perhaps need to be trained in practice management, planning,
budgeting, and their execution. There exist many tools in some firms.
This software includes built-in accounting, timelines, document
management systems, and collaboration tools. How this software
work and how lawyers can use them should be part of the law schools’
curriculums.
Marketing of a firm and its main areas of specialisation have to be made
known to the members of the public. Be a solo firm or partnership
of two or more lawyers, they need a website. Most clients would do
an online search and this will help firms to be visible and may have
strong recommendations from the existing and previous clients, which
help the firm attract new clients. Marketing technology and knowing
how and when to use it may enable new solo firms when they do not
have the luxury of market connections. Students need to know the
basics of marketing, especially online so that they can use it effectively
when necessary and save time and money when some services can be
delivered to whom he/she needs it.
33.7	 CONCLUSION
Legal technology has evolved and continues to improve the workplace
of lawyers and the legal fraternity. Although Malaysia has not benefited
from the technology fully as yet, the era of tech-savvy lawyers is not far
away. Based on such likelihood of legal profession in the future, fresh
graduates are expected to have such knowledge and skill. Therefore,
Malaysian universities have a moral obligation to train their students in
legal and technological skills.
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LHT-08-2018-0105
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Artificial intelligence technologies_and

  • 1. See discussions, stats, and author profiles for this publication at: https://www.researchgate.net/publication/350615899 FOR ACADEMIC REPOSITORY PURPOSES ONLY CLJ Publication FOR ACADEMIC REPOSITORY PURPOSES ONLY Perpustakaan Negara Malaysia Cataloguing-in-Publication Data MALAYSIAN LEGAL SYSTEM / Ge... Chapter · April 2021 CITATIONS 0 READS 1,674 2 authors, including: Some of the authors of this publication are also working on these related projects: Jurisprudence View project the causes of unclaimed estates View project Mohammad Tahir Sabit Haji Mohammad International Islamic University Malaysia 29 PUBLICATIONS   251 CITATIONS    SEE PROFILE All content following this page was uploaded by Mohammad Tahir Sabit Haji Mohammad on 04 April 2021. The user has requested enhancement of the downloaded file.
  • 3. FOR ACADEMIC REPOSITORY PURPOSES ONLY Perpustakaan Negara Malaysia Cataloguing-in-Publication Data MALAYSIAN LEGAL SYSTEM / General Editor: Ashgar Ali Ali Mohamed. – 2nd Edition. ISBN 978-967-457-149-8 1. Law--Malaysia. 2. Malaysia--Constitutional law. I. Ashgar Ali Ali Mohamed. 349.595 Published by The Malaysian Current Law Journal Sdn Bhd Unit E1-2, BLK E, Jln Selaman 1 Dataran De Palma, 68000 Ampang, Selangor Darul Ehsan, Malaysia Co No 197901006857 (51143 M) Tel: 603-42705400 Fax: 603-42705401 2020 © The Malaysian Current Law Journal Sdn Bhd (‘CLJ’). All rights reserved. No part of this publication may be reproduced or transmitted in any material form or by any means, including photocopying and recording, or storing in any medium by electronic means and whether or not transiently or incidentally to some other use of this publication, without the written permission of the copyright holder, application for which should be addressed to the publisher. Such written permission must also be obtained before any part of this publication is stored in a retrieval system of any nature. Although every effort has been made to ensure accuracy of this publication, The Malaysian Current Law Journal accepts no responsibility for errors or omissions, if any. First Edition: November, 2014 Second Edition: March, 2020 Edited by Sandra Malani Gabriel Index by Suhainah Wahiduddin Cover Design by Nurhamimi Mohamad Typeset by Afrihidayati Asep Hidayat Printed by VIVAR PRINTING SDN BHD Lot 25, Rawang Integrated Industrial Park, 48000 Rawang, Selangor Darul Ehsan
  • 4. FOR ACADEMIC REPOSITORY PURPOSES ONLY Contents Contents Preface i Foreword iii Abbreviations v Contributors’ Profile vii Table of Cases xv Table of Legislation lv Chapter 01 MALAYSIAN LEGAL SYSTEM: AN INTRODUCTION 1 1.1 Law And Legal System 1 1.2 Malaysian Legal History 5 1.3 Colony And A Protectorate Or Protected State: The Distinction 11 1.4 Malaysian Legal System: Chapterisation 12 Chapter 02 LEGAL THEORY AND CONCEPT OF LAW 37 2.1 Introduction 37 2.2 Definition Of Law 37 2.2.1 Juristic Definition 37 2.2.2 Statutory Definition 39 2.3 Classification Of Law 41 2.3.1 Classical Classification 41 2.3.1.1 Eternal Law (Lex Aeterna) 41 2.3.1.2 Divine Law (Lex Divina) 42 2.3.1.3 Natural Law (Lex Naturalis) 42 2.3.1.4 Man-Made Law (Lex Humana) 43 2.3.2 Common Classification 44 2.3.2.1 National Law 44 2.3.2.1.1 Public Law 46 2.3.2.1.2 Private Law 49 2.3.2.2 International Law 53 2.3.2.2.1 Public International Law 53 2.3.2.2.2 Private International Law 54
  • 5. FOR ACADEMIC REPOSITORY PURPOSES ONLY Contents 2.4 Substantive Law And Procedural Law 56 2.4.1 Substantive Law 57 2.4.2 Procedural Law 57 2.5 Criminal Law And Civil Law 58 2.5.1 Criminal Law 58 2.5.2 Civil Law 58 2.6 Federal Law And State Law 59 2.6.1 Federal Law 59 2.6.2 State Law 60 Chapter 03 MAJOR LEGAL SYSTEMS OF THE WORLD 61 3.1 Introduction 61 3.2 Civil Law System 62 3.3 Common Law System 63 3.4 Islamic Legal System 67 3.5 Mixed Legal Systems 74 3.6 Adversarial System v. Inquisitorial System 76 Chapter 04 THE DOCTRINE OF RECEPTION 83 4.1 Introduction 83 4.2 Acquisition Of Territory In International Law 84 4.3 The Doctrine Of Reception 87 4.4 Settled Or Ceded Territory: The Distinction 88 4.5 Modern International Law No Longer Favourable To Colonialism 91 4.6 Conclusion 92 Chapter 05 DOCTRINE OF TERRA ULLIUS: A REVIEW OF MABO & ORS v. QUEENSLAND (NO. 2) CASE 93 5.1 Introduction 93 5.2 Reception Of Common Law 94 5.3 Doctrine Of Terra Nullius 98 5.4 The History Of Australia And Mabo Case 100 5.5 Conclusion 106
  • 6. FOR ACADEMIC REPOSITORY PURPOSES ONLY Contents Chapter 06 RECEPTION OF ENGLISH LAW IN STRAITS SETTLEMENTS 107 6.1 Introduction 107 6.2 Brief History Of The Straits Settlements 108 6.3 Brief Historical Account Of The Legal Administrations In Penang 112 6.4 Formal Introduction And Reception Of The English Law In Straits Settlements 115 6.5 Conclusion 130 Chapter 07 RECEPTION OF ENGLISH LAW IN MALAY STATES 131 7.1 Introduction 131 7.2 The Legal System Before British Intervention 131 7.3 The Malay States Were Sovereign States 133 7.4 British Intervention And Reception Of English Law In The Federated Malay States 135 7.5 Reception Of English Law In The Federated Malay States 136 7.5.1 Informal Reception: The Residential System 136 7.5.2 Formal Reception: Civil Law Enactment 1937 139 7.6 British Intervention And Reception Of English Law In The Unfederated Malay States 140 7.6.1 Informal Reception 140 7.6.2 Formal Reception: 1951 Civil Law (Extension) Ordinance 142 7.7 Administration Of The Malay States 143 7.8 Impact Of British Colonisation On Local Law 144 7.9 Conclusion 146 Chapter 08 RECEPTION OF ENGLISH LAW IN SABAH AND SARAWAK 147 8.1 Introduction 147 8.2 Brief History On The Colonial Rules In Sabah And Sarawak 148 8.3 The Reception Of English Law In Sabah And Sarawak 150 8.3.1 Reception Of English Law In Sarawak 151 8.3.2 Reception Of English Law In Sabah 156 8.4 Conclusion 158
  • 7. FOR ACADEMIC REPOSITORY PURPOSES ONLY Contents Chapter 09 CURRENT APPLICATION OF ENGLISH LAW: SECTIONS 3, 5 AND 6 OF THE CIVIL LAW ACT 1956 159 9.1 Introduction 159 9.2 Civil Law Act 1956 (Act 67) 161 9.2.1 Section 3 Of The Civil Law Act 1956 161 9.2.2 Sections 5 And 6 Of The Civil Law Act 1956 177 9.3 Conclusion 180 Chapter 10 PRIDE AND PREJUDICE OF LEGAL IMPERIALISM WITH REFERENCE TO PRESEVERING ENGLISH LAW IN MALAYSIA: MAKING SENSE THE DOCTRINES OF RECEPTION AND SUBSEQUENT ATTRACTION 181 10.1 Introduction 181 10.2 English Law In Malaysia: Revisiting The Historical Development 183 10.3 The Pungent Reality Of The Charter Of Justices 184 10.4 The Fortification Of English Law In Malaysia – A Beacon Of Hope? 187 10.5 The Cobbled Road Leading To The Civil Law Act 1956 (CLA) And Its Stark Reality 190 10.6 Jurisprudence Arguments Of The Fossilization Of English Law 203 10.7 Conclusion 205 Chapter 11 FEDERAL AND STATE CONSTITUTIONS 207 11.1 Introduction 207 11.2 Malaysian General Structure 207 11.3 What Is Constitution 208 11.4 Brief History Of Malaysian Constitutions 209 11.5 State Constitutions 214 11.6 Features Of Federal Constitution 214 11.6.1 Supremacy Of The Constitution 214 11.6.2 Constitution Creates Organs Of Government 215 11.6.3 Constitutional Monarch 217
  • 8. FOR ACADEMIC REPOSITORY PURPOSES ONLY Contents 11.6.4 Parliamentary Democracy 220 11.6.5 Fundamental Liberties 221 11.6.6 Islam Is The Religion Of The Federation 221 11.6.7 Malay Privileges And Legitimate Interests Of Other Races 223 11.6.8 Constitutional Amendment 223 11.6.9 Special Provisions On Subversion And Emergency 225 11.6.10 Citizenship 225 11.6.11 Federal And State Relationship 227 11.6.12 Special Provisions For Sabah And Sarawak 228 Chapter 12 LEGISLATION 229 12.1 Separation Of Power In Malaysia 229 12.2 Written Law 231 12.3 Structure Of Parliament 234 12.4 Distribution Of Legislative Powers 236 12.5 Types Of Bills 238 12.6 Legislative Process In Malaysian Parliament 241 12.7 Royal Assent 243 12.8 Constitution Amendment Bills 246 12.9 Withdrawal Of Bills 247 12.10 Gazette 248 12.11 Date Of Law Coming Into Force 250 12.12 Retrospective Legislation 250 12.13 Subsidiary Legislation Or Delegated Legislation 252 12.14 Judicial Control Of Subsidiary Legislation 254 12.15 Delegatus Non Potest Delegare 270 12.16 Amending Or Revoking A Subsidiary Legislation 271 12.17 Subsidiary Legislation May Be Retrospective 271
  • 9. FOR ACADEMIC REPOSITORY PURPOSES ONLY Contents Chapter 13 ISLAMIC LAW 273 13.1 Islam: An Overview 273 13.2 Islamic Law Or ‘Syariah’ 275 13.3 Syariah In Malaysia 280 13.4 Islam In The Federal Constitution 286 13.5 Syariah Courts 293 13.6 Administration Of Islamic Law (Federal Territories) Act 1993 303 Chapter 14 CUSTOMARY LAW 305 14.1 Definition Of Customary Law 305 14.2 The Historical Background Of The Legal Recognition Of Customary Law By Court In Malaysia 309 14.2.1 Straits Settlements 309 14.2.2 The Malay States 311 14.2.3 Borneo States 312 14.3 Customary Laws In Malaysia 313 14.3.1 Malay Customary Law (Adat) 313 14.3.3 Hindu Customary Law 321 14.3.4 Orang Asli Customary Law 325 14.4 Conclusion 330 Chapter 15 THE LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976 AND ITS EFFECTS ON NON-MUSLIM CUSTOMARY LAWS ON FAMILY MATTERS 331 15.1 Introduction 331 15.2 Position Before The Law Reform (Marriage And Divorce) Act 1976 332 15.3 Law Reform (Marriage And Divorce) Act 1976 337 15.4 Importance Of Registration Of Marriage 338 15.5 Legal Effect Of Registration 339 15.6 Conclusion 344
  • 10. FOR ACADEMIC REPOSITORY PURPOSES ONLY Contents Chapter 16 STATUTORY INTERPRETATION 345 16.1 Introduction 345 16.2 Intrinsic Aids 346 16.3 Extrinsic Aids 354 16.4 Judicial Principles Governing Statutory Interpretation 358 16.4.1 The Literal Approach 359 16.4.2 The Golden Approach 372 16.4.3 The Mischief Approach 377 16.4.4 The Purposive Approach 383 16.5 When Do Statutory Provisions Have To Be Interpreted? 400 16.6 Particular Rules Of Interpretation 402 16.7 Presumptions 417 16.7.1 The Doctrine Of State Immunity 417 16.7.2 The Presumption Against Retrospective Legislation 417 16.7.3 The Presumption Against Barring The Individual From The Courts 421 16.7.4 The Presumption Against Taking Away Property Without Compensation 424 16.7.5 The Presumption Against The Alteration Of Common Law Doctrines Unless A Statute Expressly States That To Be The Case 425 16.7.6 If A Statute Is Silent As To Mens Rea, (Criminal Intent), Mens Rea Is Required 425 Chapter 17 JURISDICTION AND POWERS OF THE CIVIL COURTS 427 17.1 Introduction 427 17.2 Hierarchy Of Courts In Malaysia 430 17.3 Jurisdiction And Powers Of The Civil Courts 432 17.3.1 Special Court 432 17.3.2 Federal Court 435 17.3.3 Court Of Appeal 438 17.3.4 High Court 440 17.3.5 Sessions Court 450 17.3.6 Magistrate Court 450 17.3.7 Court For Children 461 17.4 Summary Of Jurisdiction 451
  • 11. FOR ACADEMIC REPOSITORY PURPOSES ONLY Contents Chapter 18 SPECIFIC COURTS AND TRIBUNAL 467 18.1 Introduction 467 18.2 Syariah Courts 468 18.3 Industrial Court 474 18.4 ‘Labour Court’ 481 18.5 Native Court Of Sabah 492 18.5.1 Native Court Of Appeal 492 18.5.2 District Native Court 493 18.5.3 Native Court 494 18.6 Native Courts In Sarawak 496 18.6.1 Native Court Of Appeal 498 18.6.2 Resident’s Native Court 498 18.6.3 District Native Court 498 18.6.4 Chief’s Superior Court 500 18.6.5 Chief’s Court 502 18.6.6 Headman’s Court 502 18.6.7 Powers To Sarawak Native Courts To Impose Penalties 502 18.6.8 Imprisonment In Default Of Penalty 503 18.7 Tribunal For Consumer Claims 503 18.8 Tribunal For Homebuyer Claims 508 Chapter 19 STARE DECISIS AND RATIO DECIDENDI 513 19.1 Doctrine Of Stare Decisis 513 19.1.1 Application In England 521 19.1.2 Application In Malaysia 523 19.2 Adherence To Stare Decisis In The Interest Of Certainty And Finality Of Law 527 19.3 Decisions Offending Stare Decisis And Its Effect: An Illustration 533 19.3.1 Supreme Court’s Decision In Chan Chin Min Anor v. Lim Yok Eng 533 19.3.2 Federal Court’s Decision In Adorna Properties Sdn Bhd v. Boonsom Boonyanit 536 19.3.3 Federal Court In Metramac Corporation Sdn Bhd v. Fawziah Holdings Sdn Bhd 539
  • 12. FOR ACADEMIC REPOSITORY PURPOSES ONLY Contents 19.4 Adherence To Precedent: A Rule Rather Than Exception 542 19.5 Re Hj Khalid Abdullah: A Review 545 19.6 Dissenting Opinion 558 19.7 Inherent Power Of The Federal Court To Reopen, Rehear And Re-Examine Its Previous Decision 563 19.8 Ratio Decidendi 574 19.9 Obiter Dicta 585 19.10 Conclusion 589 Chapter 20 STARE DECISIS IN SYARIAH 591 20.1 Introduction 591 20.2 Status Of Judicial Precedent In Syariah 592 20.3 Legal Maxim ‘Ijtihad Cannot Be Revoked By Another Ijtihad’: The Meaning Of 595 20.4 The Origin And Proof Of The Legal Maxim 595 20.5 The Scope Of The Legal Maxim 597 20.6 The General Rule Of The Legal Maxim 597 20.7 The Application Of The Doctrine Of Judicial Precedent In Syariah Courts 598 20.7.1 Malaysia 599 20.7.2 Nigeria 601 20.7.3 Pakistan 605 20.8 Conclusion 608 Chapter 21 THE JUDICIARY AND THE BAR (CIVIL) 609 21.1 Introduction – The Malaysian Judiciary 609 21.2 The Malaysian Judicial Structure 614 21.2.1 Superior Court Judges 614 21.2.2 The Subordinate Court Judge 621 21.3 Jurisdiction Of Malaysian Courts 623 21.3.1 The Superior Courts 624 21.3.2 The Subordinate Courts 628 21.4 Ethics Of Judges 630 21.5 Legal Profession In Malaysia 648
  • 13. FOR ACADEMIC REPOSITORY PURPOSES ONLY Contents 21.6 Legal Profession Act 1976 650 21.7 The Malaysian Bar 652 21.8 Admission To Legal Profession 654 21.9 Conclusion 658 Chapter 22 THE JUDICIARY AND THE BAR (SYARIAH) 659 22.1 Introduction 659 22.2 Administration Of Justice In Islam 661 22.3 Syariah Judiciary 665 22.4 Conduct Of Judges 669 22.5 Registrar Of The Court 670 22.6 Syariah Prosecution 671 22.7 Chief Religious Enforcement Officer And Religious Enforcement Officer 675 22.8 Peguam Syarie 676 22.9 Non-Muslim As Peguam Syarie 683 22.9.1 Syariah Is An Integral Part Of The Religion Of Islam 700 22.9.2 Obligation Of Upholding Justice And Accountability To Creator 703 22.10 Conclusion 710 Chapter 23 BASIC STRUCTURE DOCTRINE AND ITS APPLICATION IN MALAYSIA: WITH REFERENCE TO DECIDED CASES 711 23.1 Introduction 711 23.2 Basic Structure Doctrine In Malaysia 714 23.3 Application Of Basic Structure Doctrine: With Reference To Decided Cases 721 23.4 Criticism Against Basic Structure Doctrine 726 23.5 Conclusion 730
  • 14. FOR ACADEMIC REPOSITORY PURPOSES ONLY Contents Chapter 24 ATTORNEY GENERAL: ROLE AND POWERS 731 24.1 Attorney General 731 24.2 Solicitor General 733 24.3 Deputy Public Prosecutors 734 24.4 Federal Counsel In Civil Matters 736 24.5 Whether Attorney General Supervises And Controls Judicial Officers? 736 24.6 Attorney General’s Department 739 24.7 Powers Of The Attorney General In Criminal Cases 740 24.8 Power To Conduct Criminal Proceedings 746 24.9 Power To Discontinue Criminal Proceedings 751 24.10 Attorney General To Represent Judges Sued In Personal Capacity 752 24.11 Attorney General Represented Government At International Court Of Justice And Tribunals 753 24.12 Prosecutorial Immunity 754 24.13 Conclusion 757 Chapter 25 ROYAL COMMISSION OF INQUIRY 759 25.1 Introduction 759 25.2 The Basic Functions Of The Royal Commission Of Inquiry 761 25.3 Legal Status On Holding Royal Commission Of Inquiry In Malaysia 762 25.4 Establishment Of The Royal Commission Of Inquiry 764 25.5 Terms Of Reference For The Establishment Of The Royal Commission Of Inquiry 765 25.6 The Powers Of The Commissioner Stipulated In The Royal Commission Of Inquiry 765 25.7 Findings Of The Royal Commission Of Inquiry 766 25.8 Challenging The Findings Of A Commission Of Inquiry 767 25.9 Issues Surrounding The Royal Commission Of Inquiry 769 25.10 Conclusion 770
  • 15. FOR ACADEMIC REPOSITORY PURPOSES ONLY Contents Chapter 26 SELECTED COMPLAINT RESOLUTION BODIES IN MALAYSIA 771 26.1 Human Rights Commission Of Malaysia 771 26.1.1 Functions And Powers 772 26.1.2 Powers Of Inquiry 774 26.1.3 Composition Of Members 775 26.2 Malaysian Anti-Corruption Commission 776 26.3 Public Complaints Bureau 783 26.4 Ombudsman 786 26.5 Inquiries Of Deaths 790 26.5.1 Police Investigation Upon The Death Of Any Person 790 26.5.2 Magistrate – When No Inquiry Of Death Is Necessary 792 26.5.3 Inquiries Of Death Is Necessary 793 26.5.4 The Nature Of The Inquiry 793 Chapter 27 CIVIL PROCEDURE 797 27.1 What Is Civil Procedure 797 27.2 Law Regulating Civil Procedure 797 27.3 Preliminary Matters 799 27.3.1 The Cause Of Action 799 27.3.2 Identifying The Appropriate Court And Its Jurisdiction 800 27.3.3 Parties And Proceedings 803 27.4 Commencement Of Civil Suit 807 27.4.1 Service Of Documents Locally And Abroad 808 27.4.2 Entering An Appearance And Failure To Enter Appearance 809 27.4.3 Pleadings And Judgment In Default Of Pleadings 809 27.5 Interlocutory Proceedings 810 27.6 Preventive Reliefs 811
  • 16. FOR ACADEMIC REPOSITORY PURPOSES ONLY Contents 27.7 Security For Costs 811 27.7.1 Pre Trial Procedure 812 27.7.2 Pre Trial Case Management 813 27.7.3 Trial And Judgment 813 27.7.4 Enforcement Of Judgments 814 27.8 Appeal 816 27.9 Costs 817 27.10 Conclusion 818 Chapter 28 CRIMINAL PROCEDURE 819 28.1 Criminal Procedure 819 28.2 The Meaning Of Mandatory And Directory 820 28.3 Due Process 822 28.4 Roles Of The Police 823 28.5 Constitution Of The Police Force 824 28.6 General Duties Of Police Officers 824 28.7 Duty To Investigate Under CPC 826 28.8 Preventive Action 828 28.8.1 Police To Prevent Seizable Offences 828 28.8.2 Information Of Design To Commit Seizable Offences 829 28.8.3 Arrest To Prevent A Seizable Offences 829 28.9 Prevention Of Injury To Public Property 830 28.10 Arrest 831 28.10.1 What Constitutes An Arrest? 831 28.10.2 Constructive Arrest 832 28.10.3 Actual Arrest 833 28.10.4 Non Arrest 835 28.10.5 Degree Of Force Used In Affecting An Arrest 837 28.10.6 Using Of Handcuff 837 28.10.7 Resistance By The Accused 838
  • 17. FOR ACADEMIC REPOSITORY PURPOSES ONLY Contents 28.10.8 Persons Who May Arrest 838 28.10.8.1 Arrest By Police Officer And Penghulu 839 28.10.8.2 Arrest By Private Person 844 28.10.8.3 Arrest By Magistrate Or Justice Of The Peace 845 28.11 Charges 846 28.11.1 Objectives Of Charges 846 28.11.2 General Principles 847 28.12 Sentencing 848 28.12.1 Purposes Of Sentencing 848 28.12.2 Retribution 848 28.12.3 Deterrence 849 28.12.4 Rehabilitation 850 Chapter 29 EVIDENCE 851 29.1 Introduction 851 29.2 The Litigation Process 854 29.3 Evidence 855 29.4 Facts In Issue 856 29.5 Admissibility 856 29.6 Relevant 856 29.7 Weight 858 29.8 Prejudice 858 29.9 Fairness 859 29.10 Opinion Evidence 860 29.11 Similar Fact Evidence 861 29.12 Hearsay 863 29.13 Proof 865
  • 18. FOR ACADEMIC REPOSITORY PURPOSES ONLY Contents Chapter 30 LEGAL AID AND LEGAL ADVICE SERVICES 867 30.1 Case History 867 30.2 Introduction 868 30.3 Adversarial Process Of Litigation Requires Legal Representatives 871 30.4 Legal Aid And Legal Representation 873 30.5 Bar Council Legal Aid Centre 877 30.6 National Legal Aid Foundation 879 30.7 Court-Assigned Counsel 880 30.8 University-Run Legal Advice Services 881 30.9 Legal Aid In Islam 887 30.10 Conclusion 892 Chapter 31 ALTERNATIVE DISPUTE RESOLUTION 893 31.1 Introduction 893 31.2 Dispute Resolution Vide Litigation: The Constrains 893 31.3 Mediation 899 31.4 Settlement Agreement 906 31.5 Arbitration 910 31.5.1 Arbitration: Definition 913 31.5.2 Arbitration Agreement 913 31.5.3 Arbitrator 915 31.5.4 Appointment Of An Arbitrator 916 31.5.5 Arbitration Proceeding 918 Chapter 32 TECHNOLOGY AND DELIVERY OF JUSTICE 929 32.1 Introduction 929 32.2 Court Recording Transcription (CRT) 932 32.3 CRT: Important Tool For Implementation Of Rule Of Law 935 32.4 Live-Streaming Of Superior Court Proceedings: The Way Foreword 942
  • 19. FOR ACADEMIC REPOSITORY PURPOSES ONLY Contents Chapter 33 ARTIFICIAL INTELLIGENCE, TECHNOLOGIES AND THE FUTURE OF LAW 945 33.1 Introduction 945 33.2 Artificial Intelligence 946 33.3 Artificial Intelligence: Its Use In Legal Service 948 33.4 Legal Education And The Malaysian Legal Services Sector 958 33.5 Prospect Of AI Application In Malaysian Legal Education 959 33.6 Modernisation Of Legal Education 961 33.7 Conclusion 964 Chapter 34 LEGAL EDUCATION IN MALAYSIA: PARADIGM SHIFT IN THE ERA OF FOURTH INDUSTRIAL REVOLUTION (IR4.0) 967 34.1 Introduction 967 34.2 Reading Law In Malaysia 970 34.2.1 Public Universities 972 34.2.2 Private Universities 974 34.2.3 Private University Colleges 977 34.2.4 Foreign University Branch Campus 978 34.2.5 Colleges 978 34.3 Structure Of Bachelor Of Laws Programmes 981 34.4 Common Facilities Provided By Higher Education Providers 982 34.5 The Future Of Legal Education In The Era Of Fourth Industrial Revolution (IR4.0) 985 34.5.1 Administration 986 34.5.2 Teaching Methods And Delivery 986 34.5.3 Subjects Offered 989 34.5.4 Assessment Methods 992 34.5.5 Facilities Offered By The Higher Education Providers 995 34.6 Conclusion 996
  • 20. FOR ACADEMIC REPOSITORY PURPOSES ONLY Contents Chapter 35 FUTURE OF LEGAL EDUCATION IN MALAYSIA: TOWARDS A COMMON BAR COURSE 997 35.1 Development Of Legal Profession 997 35.2 Legal Education And Legal Profession In Malaysia 1001 35.3 The Nadir And Zenith Of One To Many Law Schools 1005 35.4 Legal Education Reforms: Towards A Common Bar Course 1015 35.5 Common Bar Course: A Provisional Languish For Equity 1019 35.6 Recommendations: Common Bar Course (CBC) The Alchemy Of A Law Student’s Right 1021 35.7 The Common Bar Course – Laying To Rest The Paradox Of Legal Profession And Justice 1027 Chapter 36 LEGAL RESEARCH AND LEGAL CITATION 1029 36.1 Introduction 1029 36.2 What Is Legal Research? 1030 36.3 Importance Of Legal Research In Legal Studies 1032 36.4 Types Of Legal Research 1035 36.4.1 Doctrinal Legal Research 1036 36.4.2 Empirical Legal Research/Non-Doctrinal Legal Research 1037 36.4.3 International And Comparative Legal Research 1039 36.5 Introduction To Legal Citation 1040 36.6 Purposes Of Legal Citation 1042 36.7 Types Of Citation Principles 1043 36.8 How To Cite Legal Materials 1044 36.8.1 Case Law And Decisions 1044 36.8.2 Square And Round Brackets In Case Citation 1046
  • 21. FOR ACADEMIC REPOSITORY PURPOSES ONLY Contents 36.8.3 Citing Foreign Cases 1047 36.8.4 Legislation 1051 36.8.5 Citing Subsidiary Legislations 1052 36.8.6 Books, Articles And Other Sources 1053 36.8.7 Citing Islamic Sources 1055 36.9 How To Carry Out A Successful Legal Research 1057 Index 1061
  • 22. FOR ACADEMIC REPOSITORY PURPOSES ONLY Contributors’ Profile vii CONTRIBUTORS’ PROFILE Abdul Hamid Bin Haji Mohamad (Tun) had spent 21 years in the Legal and Judicial Service of Malaysia serving in the courts, the Attorney General’s Chambers, Inland Revenue Department as well as in the States as the State Legal Advisor. After that he spent another 19 years as Judge in the High Court, Court of Appeal, Federal Court and also in the Special Court and the Shari’ah Court of Appeal for the State of Penang. In brief, he had been a Judge in all the Courts in the country. He started his career as a Magistrate and retired as Chief Justice of Malaysia. He had written 567 judgments of the Superior Courts, including one judgment each of the Special Court and of the Shari’ah Court of Appeal. Most of them have been published in the law reports. He was involved in the drafting of the laws for use in the Shari’ah Courts in Malaysia since1980. He also served as a consultant to Law Harmonisation Committee of Brunei Darussalam. He had also written, delivered or published not less than 170 speeches, lectures, articles and working papers. Most of his judgments, speeches, lectures, articles and working papers are also available on his website: http:// www. tunabdulhamid.my Currently, he is Chairman of the Law Harmonization Committee for Islamic Finance, Bank Negara Malaysia, Chairman of the Monitory Penalty Review Committee of Bank Negara Malaysia, a member of the Shari’ah Advisory Council, Bank Negara Malaysia, a member of the Syari’ah Advisory Council of the Securities Commission Malaysia. Abdul Haseeb Ansari (Dr.) obtained his Bachelor of Science (B.Sc) from Gorakhpur University, India, Master of Laws (LLM) and Doctor of Philosophy (PhD) from Banaras Hindu University, India. He has special interest in revenue law, environmental law, international trade law and comparative jurisprudence. He has extensively contributed on different aspects of these areas including a long experience of teaching and guiding research in these areas. He has authored several books on the above subjects and published numerous articles both in the local and international journals/reports and further, presented papers on the abovementioned areas at various international and local conferences. In June 2019, he retired as Professor from Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). (ahaseeb@iium.edu.my)
  • 23. FOR ACADEMIC REPOSITORY PURPOSES ONLY viii Contributors’ Profile Abdul Majid Nabi Baksh (Dr.) graduated with BA (Hons); MA (Malaya); Ph.D (Toledo); LL.B (Hon) (London), MCL (IIU), CLP (Hons); Advocate and Solicitor (High Court of Malaya) (Non-Practising). He is a Senior Lecturer at the Monash University Malaysia. He was at one time a Professor of English and then a legal practitioner before taking up an appointment at the Chinese University of Hong Kong where he was an Associate Professor in Law. He was also a Visiting Fellow in Commercial and Business Laws at the Hong Kong Polytechnic University. He has published extensively in business law areas with occasional forays into other academic disciplines. His areas of interest include Employment Law, Business Law, Defamation and Corporate Governance. Abdul Rani Kamarudin (Dr.) is an Associate Professor at Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). He graduated with Bachelor of Laws (LLB (Hons)) and Master of Comparative Laws (MCL) from IIUM, and Doctor of Philosophy (PhD) from University of Exeter, England. He was admitted to the Malaysian Bar as an advocate and solicitor by the High Court of Malaya in 1990, and Syarie Lawyer of the Federal Territory of Kuala Lumpur and the State of Negeri Sembilan. His area of interest includes Criminal Procedure, Law of Evidence, Evidence and Procedure of Syariah Court and Comparative Penology. He is also accredited mediator with the Malaysian Mediation Centre of the Malaysian Bar in 2011. (rani@iium.edu.my) Adnan Trakic (Dr.) is a Senior Lecturer at Department of Business Law and Taxation, School of Business, Monash University Malaysia. He graduated with Bachelor of Laws (LLB (Hons)), Master of Comparative Laws (MCL) and Doctor of Philosophy (PhD) from International Islamic University Malaysia (IIUM) and Graduate Certificate in Higher Education (GCHE) from Monash University. He has taught and researched in the fields of conventional and Islamic finance law, business law, and alternative dispute resolution. A co-author of several books, his published work extends to numerous articles, book chapters, and other contributions. (adnan.trakic@monash. edu)
  • 24. FOR ACADEMIC REPOSITORY PURPOSES ONLY Contributors’ Profile ix Areej Torla (Dr.) is an Assistant Professor at Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). She graduated with a Bachelor of Laws (LLB (Hons)) and Master of Comparative Laws (MCL) from the International Islamic University Malaysia, and Ph.D in Law from Brunel University, United Kingdom. Her area of specialisation is in public international law on the law of the sea. Her research interest also includes the legal system, land law and constitutional law. (areej@iium.edu.my) Ashgar Ali Ali Mohamed (Dato’ Sri Dr.) is a Professor at Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). He graduated with Bachelor of Laws (LLB (Hons)) and Master of Comparative Laws (MCL) from IIUM, Master of Laws (LLM (Hons)) from the University of Auckland, New Zealand and Doctor of Philosophy (PhD) from the Graduate School of Management, University Putra Malaysia. He was admitted to the Malaysian Bar as an advocate and solicitor by the High Court of Malaya in 1992. His area of interest includes Employment Law, Civil Litigation and Alternative Dispute Resolution. He has authored several books on the above subjects and published numerous articles both in the local and international journals/reports and further, presented papers on the abovementioned areas at various international and local conferences. (ashgar@iium.edu.my) Chithra Latha Ramalingam (Dr.) graduated with a Bachelors of Laws (LLB (Hons) from University of Wolverhampton, Master of International Business Laws (LLM (Merit)) from Staffordshire University and Doctor of Philosophy (PhD) from University of Malaya. Her research interest is in Human Governance that encompasses Law, Ethics and Governance. She has undertaken research in the area of Corporate Governance and Corporations Law, Employment Law, Sports Law and Cyber Media Law. She has authored books on Company Law, Elements of Law and co-authored Law and Technology Management with Open University Malaysia and is the subject moderator for Malaysian Business Law with a publishing house. Her experience in research is well compounded on the fact that she had trained a pool of MACC officers to understand the intricacies of the legal issues related to company and governance. She has also produced some peer-reviewed journal publication and presented conference papers both locally and internationally in the above areas. Prior to her current portfolio as a Senior Lecturer, she has served as a lecturer locally at various private universities and abroad in the United Kingdom. (chithlr@help.edu.my)
  • 25. FOR ACADEMIC REPOSITORY PURPOSES ONLY x Contributors’ Profile Duryana Mohamed (Dr.) is an Assistant Professor at Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). She graduated with the following qualifications: Bachelor of Laws LL.B (Hons) (IIUM), Bachelor of Laws (Shari’ah) (LL.B (Shari’ah)) (IIUM), Master of Laws (LL.M) (London), and Ph.D (Law) (IIUM). She was admitted to the Malaysian Bar as an Advocate and Solicitor by the High Court of Malaya. She has published many research articles in academic journals and presented several papers at various local and international conferences. Her area of interest includes Law of Contract, Law of Torts, Compulsory Moots and Civil Procedure. (mduryana@iium.edu.my) Farheen Baig Sardar Baig (Datin Sri Dr.) is an Associate Professor at Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). She graduated with Diploma in Islamic Studies, Bachelor of Laws (LLB (Hons)), Master of Comparative Laws (MCL) and Doctor of Philosophy (PhD) from IIUM. She was admitted to the Malaysian Bar as an Advocate and Solicitor by the High Court of Malaya in 1996 and her area of interest includes employment law and tort law. She has co-authored several books on employment law and published numerous articles both in the local and international journals/reports and further, presented papers on the abovementioned areas at various international and local conferences. (farheenb@iium.edu.my) Hanifah Haydar Ali Tajuddin is a Senior Assistant Director at the Policy and Research Unit of the Syariah Judiciary Department Malaysia. Being an officer at the Policy and Research Unit, she is involved in research relating to application of Syariah laws in Malaysia and efforts to standardise the laws, and innovations in improving service of the Syariah court. She is also tasked as a focal person for her department in preparing responses for international conventions in issues relating to Syariah laws in Malaysia. Currently, she is in her final stages of Doctor of Philosophy (PhD) at the International Islamic University Malaysia (IIUM). She has obtained her Bachelor of Laws (LLB (Hons)), Bachelor of Laws (Shari’ah) (LL.B(S) (Hons)) and Master of Comparative Laws (MCL) from IIUM. She has co-authored an edited book on Islamic Banking and published several articles and as well as chapters in book in both local and international journals/publisher in areas relating to Syariah laws, legal system, Islamic criminal laws, and Islamic banking and finance. (hanifah82@esyariah.gov.my)
  • 26. FOR ACADEMIC REPOSITORY PURPOSES ONLY Contributors’ Profile xi MohamadIsmailMohamadYunus(Dr.) is an Assistant Professor at Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). He is also a non-practising Advocate Solicitor, High Court of Malaya, Kuala Lumpur and a member of the Investigating Tribunal, Advocate and Solicitors Disciplinary Board, Bar Council, Malaysia. He holds a Diploma in Public Administration (UiTM) in 1989, Bachelor of Laws (LL.B (Hons)) in 1992 and Master in Comparative Laws (MCL) in 1993 from the International Islamic University Malaysia and obtained his Doctor of Philosophy (Ph.D) in Law from New Zealand in 2001. He has been lecturing since 1992 in various law subjects such as Criminal Law, Law of Evidence and Criminal Procedure. He is also been invited as a guest lecturer at various law schools in Malaysia. (ismailmy@iium.edu.my) MohammadNaqibIshanJan(Dr.)isaProfessoratAhmadIbrahimKulliyyah of Laws, International Islamic University Malaysia (IIUM). He graduated with Bachelor of Laws (LLB (Hons)), Master of Comparative Laws (MCL) and Doctor of Philosophy (PhD) from IIUM. His areas of expertise include Public International Law, International Humanitarian Law, International Human Rights Law, International Dispute Resolution, International Commercial Arbitration, Use of Force in International Relations, Refugee Law and the Law of the United Nations. He has taught and published extensively in these specialised areas. Further, he has published a number of books and numerous articles in refereed law journals, and presented papers at various conferences. (naqib@iium.edu.my) Mohd Akram Shair Mohamed (Dato’Sri Dr.) obtained his undergraduate and post-graduate degrees, Bachelor of Laws (LLB (Hons)), Mater of Laws (LLM), Master of Philosophy (MPhil), from University of London and Doctor ofPhilosophy(PhD)fromInternationalIslamicUniversityMalaysia(IIUM).He is Barrister At Law, Lincoln’s Inn, London and a non-practising Advocate and Solicitor of the High Court Malaya. He also holds post-graduate Diploma in Public International Law (Hague) and International Humanitarian Law (IHL) (Geneva). His areas of teaching and deep interest are Law of Evidence, Public International Law, International Humanitarian Law, Commercial Law, Sports Law and Medical Law (being a Registered Nurse of Nursing Council of England and Wales). He has published a number of research books and articles and presented research papers at various international conferences.
  • 27. FOR ACADEMIC REPOSITORY PURPOSES ONLY xii Contributors’ Profile Mohammad Tahir Sabit Haji Mohammad (Dr.) is an Associate Professor at Civil Law Department, Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). He graduated with Bachelor of Laws (LLB (Hons)), Master of Comparative Laws (MCL) and Doctor of Philosophy (PhD) from IIUM. His principle area in teaching is Property laws and has researched, consulted, and published in intestate estates law, Waqf (Islamic endownments) law and its related matters. He has published a number of research books and articles and presented research papers at various national and international conferences. (tahiriiumedum@iium.edu.my) Muhamad Hassan Ahmad (Dr.) is an Assistant Professor at Civil Law Department, Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). He graduated with Bachelor of Laws (LLB), Master of Comparative Laws (MCL) and Doctor of Philosophy (PhD) from IIUM. He has special research interest in Public International Law, Private International Law, Alternative Dispute Resolution, Comparative Law and Jurisprudence. He published a number of research articles in various local as well as international academic journals and presented several research papers at numerous local as well as international conferences. (mdhassan@ iium.edu.my) Muzaffar Syah Mallow (Dr.) graduated with Bachelor of Laws (LL.B (Hons)), Master of Comparative Laws (MCL) and Doctor of Philosophy from the International Islamic University Malaysia (IIUM). He is currently a Senior Lecturer at the Faculty of Syariah and Law, Universiti Sains Islam Malaysia (USIM). He has written books and articles published in the local journals/ reports in the area of employment law. His area of interest includes occupational safety, human resource management, criminal law, Malaysian legal system and law of evidence. (muzaffarsyah.mallow@yahoo.com) Nor Hafizah Mohd Badrol Afandi (Dr.) is an Assistant Professor at Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). She graduated with Bachelor of Laws (LL.B (Hons)), Master of Comparative Laws (MCL) and Doctor of Philosophy (Ph.D) from the International Islamic University Malaysia (IIUM). Her area of specialisation and interest includes Constitutional Law and Legal System. (hafizah@iium.edu.my)
  • 28. FOR ACADEMIC REPOSITORY PURPOSES ONLY Contributors’ Profile xiii Puteri Sofia Amirnuddin is a Senior Law Lecturer and Programme Director for Master of Laws programmes atTaylor’s University. She teaches law using Augmented Reality for Land Law, English Legal System and Legal Skills and Methods.ARlearningisarelativelynewpedagogicaltechnologyinteaching law in Malaysia, making Sofia one of the few pioneers to use the technology successfully. Sofia was a recipient of President’s Award for Transformative Teaching and Learning in 2018 and also Exemplary Meritorious Award Staff (EMAS Award) in 2017. Sofia has received a Gold Award for her teaching innovationtitled‘RedesigningFormativeAssessmentsinteachingLandLaw using Augmented Reality’at Redesigning Assessment for Holistic Learning (‘RAHoLE’) Conference 2017. In addition to that, she was also awarded with a Special Award ‘Most Innovative’ Award for her creative teaching using Augmented Reality in the same Conference. She also won a Gold Medal in the International University Carnival on E-Learning Conference 2018 for her innovation titled‘Closing the Humanization Gap: The Interplay between AI, AR and NLP in Legal Skills and Methods module’has received recognition by the Ministry of Education and MEIPTA. Recently, Sofia also received a Gold Award for her new teaching innovation using gamification in learning Legal Skills and Methods at the International University Carnival on E-Learning Conference 2019. (PuteriSofia.Amirnuddin@taylors.edu.my) Sa’id Adekunle Mikail (Dr.) is currently an ISRA researcher. He is Shariah Committee Member of BNP Paribas (Najmah) Malaysia Berhad and Member of Advisory Committee of Expert (ACE) of TAJ Bank Ltd Nigeria. He is a Shariah Consultant at ISRA International Consulting (ISRA Consulting) Sdn Bhd and I Consult Africa (PTY) Ltd. Ethical and Responsible Advisory, Cape Town, South Africa. He obtained his Bachelor Degree of Shariah from Islamic University of Madinah Kingdom of Saudi Arabia (KSA) in 2006, followed by Master of Comparative Laws and PhD (Law) from International Islamic University Malaysia (IIUM) in 2009 and 2013 respectively. His area of specialisation is Shariah and comparative laws and Islamic finance. He taught Usul al-Fiqh (Islamic legal theory) in 2009 in IIUM. He teaches Shariah Aspects of Business and Finance and Shariah Issues and Shariah Rules in Financial Transaction at the Global University of Islamic Finance commonly known as INCEIF. His publications focus on Islamic commercial laws, Islamic legal theory, Shariah issues in Islamic finance and economic and comparative laws. Apart from ISRA Research Papers (IRPs) he has published many articles in refereed academic journals and has presented many papers in local and international conferences.
  • 29. FOR ACADEMIC REPOSITORY PURPOSES ONLY xiv Contributors’ Profile Shamrahayu A. Aziz (Dr.) is an Associate Professor at Ahmad Ibrahim Kulliyah of Laws, International Islamic University Malaysia (IIUM). She holds Bachelor of Laws (LL.B (Hons)), Bachelor of Laws (Shari’ah) (LL.B Shari’ah), Master of Comparative Laws (MCL), Postgraduate Diploma in Shari’ah and LegalPracticeandDoctorofPhilosophy(Ph.D)fromtheInternationalIslamic University Malaysia (IIUM). Her area of interest includes Constitutional Law, Human Rights, Islamic Criminal Procedure and Islamic Criminal Law. She taught the related courses for almost 20 years. She writes a column in a Malaysian Daily, Berita Harian and has written more than 200 articles in refereed journals and presented research papers in several international conferences. (srahayu@iium.edu.my) Sodiq O. Omoola (Dr.) is an Assistant Professor at Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). He holds Bachelor of Laws (LLB (Hons)) from Bayero University Kano and qualified as a Barrister and Solicitor of the Federal Republic of Nigeria. He also holds a Master of Comparative Law (MCL) and a Doctor of Philosophy (PhD) from IIUM. His research interest is mainly Alternative Dispute Resolution, e-commerce Law, ombudsman, consumer protection and Islamic finance regulation. He has published articles in refereed journals and presented research papers in several international conferences. (sodiq_omoola@iium.edu.my) Umar A. Oseni (Dr.) was formerly an Assistant Professor at Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). Before joiningIIUM,hewasaPost-doctoralFellowatIslamicLegalStudiesProgram, Harvard Law School in the United States. He is a certified mediator and dispute resolution expert from the Program on Negotiation of the Harvard Law School. He also holds a Certificate in Responsible Conduct of Research from Harvard University. He has published widely on current legal and regulatory issues in Islamic finance as well as different aspects of Alternative Dispute Resolution in leading journals across the world.
  • 30. FOR ACADEMIC REPOSITORY PURPOSES ONLY 945 ARTIFICIAL INTELLIGENCE, TECHNOLOGIES AND THE FUTURE OF LAW1 33.1 INTRODUCTION When it comes to technology, often, the experts of other disciplines blame legal experts and their schools for being followers of other disciplines. This critique is addressed both in developing new knowledge and scientific tools, and viewed to be lagging behind others in the dissemination of legal skills and expertise to their students. Indeed, this may be true and should be of concern to the policymakers when law schools are not open to the use of advanced tools developed by scientists to prepare students for a better future that are required and expected from them in the job markets. Law schools, law firms, Government agencies and other branches of legal fraternity are being the centre of focus. The chapter looks at how much these organisations have adopted technology, especially artificial intelligence (AI), in the management and administration of their daily affairs, relating to law and legal advice based on the tasks performed by the machines for the ease and accuracy of legal counsel. For the above purpose, this chapter looks at the tendency of law firms and law schools on the international level including those in Malaysia. The results were used to simulate the future direction of the technology for use in local law firms and Government agencies. Accordingly, this chapterfirstintroducestherelevanttechnologydevelopedbyconcerned bodies for the benefit of legal search and advice, acceptance and active participation of law experts in its development. It further explains its usefulness in the discipline and then makes recommendations on the prospects of AI in Malaysia. Introduction CHAPTER 33 1 This Chapter is contributed by Mohammad Tahir Sabit Hj Mohammad, Ashgar Ali Ali Mohamad and Sodiq O. Omoola.
  • 31. FOR ACADEMIC REPOSITORY PURPOSES ONLY 946 Artificial Intelligence, Technologies And The Future Of Law 33.2 ARTIFICIAL INTELLIGENCE Artificial intelligence or AI is one of the newest disciplines which seeks to build intelligent entities possessing all the entire functionalities of homo sapiens, i.e., intelligence. The two words, mainly “artificial” and “intelligence” are primarily based in two separate disciplines, i.e., natural science and philosophy respectively. While natural science is concerned with the study of the physical world, philosophy relates to the study of human intelligence and reasoning. The term AI was formally coined in 1956, and have been increasingly competing with human intelligence and abilities to see, learn, remember, perceive, understand, predict, and manipulate complicated environments. At par with modern genetics, scientists have cited AI as “field I would like to be in” due to the vast opportunities to contribute new theories and ideas. For a creative mind, this could be the truth of his life. However, from the perspective of job opportunities and the ability to work in the legal industry, it is threatening to future graduates of laws if the legal educational institutions do not include these matters in their law programs. Artificial intelligence is advancing on multiple levels and in a variety of capacities. It can be divided into two: technology in violation of individual rights, and those which intrudes in the practice of lawyers. Future graduates of law need to know both parts of technology. Litigations in American courts is already happening concerning the violation of privacy, and the threat by AI enabling private commercial industry to watch the movement of every cursor by consumers without their consent has alarmed many. Which field of law to deal with such violation is an issue that could be integrated into the current relevant curriculum of law schools, or a specialised course could be offered on graduate and postgraduate levels. Nevertheless, for the sake of this chapter, the focus is on the second type of AI that poses a threat to future law graduates regarding jobs and employability. Needed skills have to be identified, students have to be equipped with so that they could work with machines that have human-like thinking capability.
  • 32. FOR ACADEMIC REPOSITORY PURPOSES ONLY 947 The forefathers of sciences in this area introduced this particular technology as “[The automation of] activities that we associate with human thinking, activities such as decision-making, problem-solving, learning ...” (Bellman, 1978). To think of a computer as a “machines with minds, in the full and literal sense” (Haugeland 1985), or the “study of mental faculties through the use of computational models” (Charniak and McDermott, 1985), may be the cause for admiring the capability of human mind replicating itself. Nevertheless, to say “the art of creating machines that perform functions that requires intelligence when performed by people” (Kurzweil, 1990), or “the study of the computations that make it possible to perceive, reason, and act” (Winston,1992)isnotmorethanamusementistodenythereality.These definitions of AI which points to various dimensions and perspective of the authors have made some scholars concerned about the thought process and reasoning while others emphasise the behaviour of AI entities. Other aspects that include the measure of success compared to human performance and rationality afford optimism. Lopez (2016) reported Susskind, a scholar on the matter, explaining the role of AIs. “AI and other technologies are enabling machines to take on many of the tasks that many used to think required human lawyers and that’s not plateauing. It seems to be happening at quite a rate.” Susskind has predicted that Artificial Intelligence in law will take off in the 2020s. Thus far, many firms strive towards automation of their tasks. Hence, AI is looked as a threat and provider of opportunity, as much to a lawyer as it could be to any other proponent of effective and efficient service delivery. Legal technologies referred to as AI entities and solutions, deployed either wholly or partly in legal services and justice delivery, are here to remain. How to use them, and for what purpose, with and without human control, needs to be understood, so that law schools could prepare their graduates for the task that requires human work, make their graduates useful, and enhance further the delivery of legal service and dispensation of justice in a fast and cheaper way. Artificial Intelligence
  • 33. FOR ACADEMIC REPOSITORY PURPOSES ONLY 948 Artificial Intelligence, Technologies And The Future Of Law 33.3 ARTIFICIAL INTELLIGENCE: ITS USE IN LEGAL SERVICE Law and legal disputes are the inescapable occurrences in everyday tasks of humans; some are there merely because of compliance with rules of behaviour, and others happen because the actors are in and out of courthouses. This daily necessity of human life has not gone unnoticed by the pioneers and champions of the AI industry. To assess the situation to prepare future lawyers for the tasks ahead of them, the following sections offer the minimum of the current advances of the technology and their usefulness in legal service. The Emerging AI Technologies For Legal Service Industry The advances in the legal technologies are impressive but not yet ideal, which gives time to the AI industry and legal education centres to improve the tools and prepare the potential users of the technology. LawGeex (A general picture of such advances is illustrated by Table 1. Table 1: Legal Technologies, their Functions, and Development Entities Purpose Tasks Developing Companies and Applications Due diligence Contract review, legal research and electronic discovery Kira Systems Thoughtriver Everlaw Leverton Lawgeex DISCO Ebrevia Legal Robo Catalyst Coin Ross Intelligence Exterro Casetext Brainspace Discovery Prediction technology Litigation outcome forecast Intraspexion Premonition Legal Analytics Ravel Law Lex Machina
  • 34. FOR ACADEMIC REPOSITORY PURPOSES ONLY 949 Legal analytics Win/loss rates Lex Machina Ravel Law Settlement Analytics Document automation Create filled out documents PerfectNDA Intellectual property Analysing large IP portfolios TrademarkNow SmartShell ANAQUA Studio Electronic billing Lawyers’ billable hours are computed automatically Brightflag Smokeball Source: https://www.techemergence.com/ai-in-law-legal- practice-current-applications/ Techemergence (2018) reported around 35 applications to be already in the market. It appears that both new and traditional law related businesses and educational centres have joined to collaborate. A close collaboration of this nature may prove to be the way in the development of tools that could enhance work effectiveness of their organisations by paralegals, researchers, educational centres, and litigants. Some of the functions of these applications are explained below. End Users, Functions And Capabilities Of AI The primary beneficiaries of AIs are going to be paralegals, legal clerks, legal researchers in courts, junior lawyers, and most importantly low- ranking judges in inferior and high courts (Techemergence, 2018). How much these groups of lawyers and machines can benefit the industry is a matter of time, focus, and human mindset about working with devices and/or enhancing their skills about them. Some of the features of a selected number of AIs are highlighted below. Globally technology firms and start-ups are concentrating on simplification, facilitation, and modernisation of services offered by legal firms and agencies. There exist several systems, currently used Artificial Intelligence: Its Use In Legal Service
  • 35. FOR ACADEMIC REPOSITORY PURPOSES ONLY 950 Artificial Intelligence, Technologies And The Future Of Law in USA and Canada for legal research with a purpose to provide fast service to their clients. Their efficiency regarding accurate and reliably sifting millions of documents in a matter of seconds is attested by a 360,000 man-hours job which can be done within seconds. Such a speed helps firms with large clients to save money and time. Different basic tasks are identified to be performed by the new technologies. JPMorgan in the USA uses Contract Intelligence (COIN) for review of legal documents. Kira Systems, LawGeex, and eBrevia are other AI systems designed for legal research. Another system called ROSS Intelligence, an IBM Watson technology is developed in Canada for the same purpose. The Indian software CaseIQ takes things more seriously by targeting junior lawyers in refining their briefs. The British Casemine is another system that performs several tasks including that for which some systems are specifically designed. The functionality of systems such as ROSS, COIN, and others help legal firms in their initial stages of preparation for settlement of legal disputes before going for open court arguments (i.e, at the stage of pleadings, and discovery). Due diligence information is the first thing to do. ‘Litigators perform due diligence with the help of AI tools to uncover background information.’ This include ‘contract review, legal research and electronic discovery’ (Techemergence, 2018). Lawyers, it is reported, perform this task on behalf of their clients to ascertain facts and figures and accordingly assess the nature of the case before them. If correctly evaluated, this would help them to advise their client on what to do considering the available options according to the results presented by AI and also advise on what action they could take.
  • 36. FOR ACADEMIC REPOSITORY PURPOSES ONLY 951 Table 2: The Performance of AIs on Due Diligence Compared to Lawyers’ Task Lawyers results AI Technology results System Contract review by searching, highlighting, and extracting relevant content for analysis Less accurate More accurate Kira Systems Recurrent review of the extracting material and reading it with other linked material Improved from 40-90 Kira Systems Multi-lingual search (20 languages) Search on payable rent, maintenance costs and expiration dates from thousands of documents and organizing them on a spread sheet - Accurate and organised LEVERTON Extracted relevant textual data from legal contracts other documents to guide lawyers in analysis, due diligence and lease abstraction - - eBrevia Customized specific requirements of firms that require thousands of documents for rapid review Slow and less accurate 50 documents per minute 10 pc accurate eBrevia 150 attributes from 12,000 commercial credit agreements and contracts Equivalent to 36,000 hours of legal work a few seconds JPMorgan (COIN) Contracts, portfolio reviews and investigations for improved risk management Risky contract identification Fast ThoughtRiver Policy compliant contract identification, changing legal content into numeric form and reducing linguistic complexity; recommended readings, related case law and secondary resources, answers with references and citations LawGeex, Legal Robot, Ross Intelligence Source: Techemergence, 2018 Artificial Intelligence: Its Use In Legal Service
  • 37. FOR ACADEMIC REPOSITORY PURPOSES ONLY 952 Artificial Intelligence, Technologies And The Future Of Law On the above front, the progress and accuracy of AI technology results is higher than that of the human mind. The technology comes down to the aggregation of factual statements and analysis of extensive documentation, used by lawyers to strategies their actions for helping their clients and the courts to see strong arguments for the benefit of respective adversaries. Another feature of the AIs of laws is the prediction of the outcome of the case at the end of a court hearing. This feature may seem relevant to the American system of justice, where predictions are based on the ideological tendency of judges. To what extent this tendency may affect the prediction of winning or losing a case is one matter. But facts and figures, as well as statements relevant to a new dispute presented to and discovered by a firm, are another. A decision by claims and evaluation of previous decisions, in addition to facts and figures of the case, are the core on which legal analysis in any jurisdiction should depend. The accuracy of prediction on these grounds will make the work of lawyers easier. Kantz (2012) viewed “Quantitative legal prediction already plays a significant role in certain practice areas and this role is likely to increase as greater access to appropriate legal data becomes available.” Some main benefits of this function of AIs illustrate below the advances in this field. Various universities’ teams tested their algorithm on a significant number of courts cases, and their rate of success was at 79 % against 59 % by experts (Theodor, 2004), of 70.2 % (Katz, 2017), and of 79 % (Aletras, 2016).
  • 38. FOR ACADEMIC REPOSITORY PURPOSES ONLY 953 Table 3: Predictions by AIs and its Types Prediction AIs System Threats of litigation: high-risk documents identification and display of risk levels, explanation thereof Intraspexion Predicting the ruling of a particular judge: Identifies outcomes based on relevant case law, judge rulings and referenced language from more than 400 courts Includes feature cases, citations and decisions of a specific judge Time management based on courts process and lawyers records (win rate, case duration and type, and his pairing with a judge) Accuracy: 30.1 (large data and 95 variables needed) Ravel Law, Premonition, Lex Machina, Legal Analytics, Ravel Law Source: Techemergence 2018 The above discussion and the results have to be taken carefully. While a machine, on a specific issue, based on qualitative data, may have better results as the AI’s capability is enhanced (Donahue, 2018), a quantitative data analytics based predictions for settlement purpose is yet to be reliable. Parnell (2016) reasoned that small size historical data and current events might have weak relationships. The report from McKinsey Global Institute (2013) on advanced robotics shows that ‘capable robots or robotic tools, with enhanced “senses,” dexterity, and intelligence,’ could automate delicate or uneconomical tasks. This is, henceforth, another area of AIs work which can provide more authoritative and reliable briefs. This is done by uploading briefs by lawyers to get suggestions. The machine will provide additional documents to strengthen the arguments of lawyers in court. Automated drafting of specific types of agreements (PerfectNDA, Docracy, Beagle) through special software is proving their efficiency and effectiveness which can be done according to the answers given by a client (Techemergence, 2018). Artificial Intelligence: Its Use In Legal Service
  • 39. FOR ACADEMIC REPOSITORY PURPOSES ONLY 954 Artificial Intelligence, Technologies And The Future Of Law In line with the efficiency of record of the AIs, some AIs are useful in copyrights especially patent registration process which takes a long time to find the answer and within one year from the time of invention. For instance, TrademarkNow gives results with the ranking of choice within seconds. ANAQUA Studio enables lawyers to complete patent drafting applications within a short time with accuracy. SmartShell, another system, is designed for paralegals for ‘document reviews, drafting, formatting and identifying issues on patent applications.’ It is good for ‘document retrieval, bibliographic data research, examiner remarks review, and rejection issues discovery.’ Other innovations may be the cost-effectiveness of firm management in the area of auto billing. This system is intended for ‘reducing disputes online items, more accurate client adjustments, (potentially) more accurate reporting and tracking, and reduced paper costs.’ Techemergence (2018) list Smokeball, and rightflag for such bills automation. Wolters Kluwer (2018) added compliance improvement with billing guidelines ‘across outside counsel relationships.’ This may have an adverse effect but seems to be popular. Threat Or Utility? The effect of AIs on law and the legal profession is not settled yet. While a group considers practicing lawyers’ jobs to be immune to AIs threat, other groups see the law to be the second to accounting. The truth may be in between. It is found (https://willrobotstakemyjob.com/23-1011- lawyers) that AI presents 3.5 percent threat to lawyers. Winick (2017) on the other hand reported ‘that 22 percent of a lawyer’s job and 35 percent of a law clerk’s job can be automated’. The lack of low percentage may be because, so far, it cannot draft documents independently, and cannot represent clients, for both, are human tasks. One may not wish to rely on AIs because there is the possibility of algorithm bias if AI is used to predict reoffending. This prediction depends on the economic, social and ethnic backgrounds (Arnold, 2018). Further, AI cannot get the concept of justice. The threat to paralegals and clerks as well as junior lawyers is there. Up to this time, Wevorce, an online service provider, offers to divorcing couples a self-guided online solution for a fixed fee of $949 excluding court filing fees. It allows couples to reach an amicable settlement as the
  • 40. FOR ACADEMIC REPOSITORY PURPOSES ONLY 955 system provides them with models and experts to guide the couples. This is a threat that lawyers have to accept though the service is provided halfway up to the doorstep of relevant courts. Law is not a static discipline, and so is the AI. Both need each other. AI can help in the effectiveness and efficiency of legal service, and the law should allow AI to evolve in a friendly legal environment. If this is to take place, legal education has to be improved. Legal Educational Institutions And AIs Ascanbeinferredfromtheabove,inthenearfuture,thelegalprofession could have fewer young lawyers focused on traditional legal services. We also think that the lesser the number of junior lawyers, the lesser would be the top and experienced ones. This area, therefore, needs the attention of legal education institutions. The improvement of AI technology in the legal profession needs continual concentration, as we understood from the abovementioned bits of facts concerning progress in this area. Fresh research and training are necessary to be offered by all universities having law programs. The existing technologies have to be understood, to map the capabilities of the machines. For instance, EVA the free IT service provided by ROSS lists various branches of laws. However, its service is restricted to facts and law. What it could or could not do has to be known and upon such knowledge, legal innovations may be made and introduced to the industry with further improvement. Both law and technologies are ever evolving disciplines and therefore need regular attention and improvement. Changes in rules and procedures may necessitate part of evolving studies, but most significantly the resulting change of data on legal rules, new cases, and new issues may affect predictive nature of the AIs in law. Simple examples, with existing precedents regarding similar facts, could be solved easily by artificial intelligence. However, where precedents are not clear or multiple, facts are misleadingly identical, statutes are open-textured, duplicated and deficient, and there has arisen a case that is not covered by the existing data, the algorithm may do some work, but it may not be reliable or desirable in the interest of justice. All these, therefore, requires legal educational centres to map Artificial Intelligence: Its Use In Legal Service
  • 41. FOR ACADEMIC REPOSITORY PURPOSES ONLY 956 Artificial Intelligence, Technologies And The Future Of Law such relevant knowledge gaps and devise strategies for finding solutions to it. These solutions may include knowledge about the limits of AIs in the legal profession. Knowing the limits of robotics in law may enable educators to propose new skills that could help future lawyers learn what useful work they could do where robots have stopped working. For these, the future legal education should be based on things where human should learn and excel. Extensive university training has to be designed so that they can produce lawyers that are trained in using AI technologies, logical reasoning, and others. The nature of work on AI machines, perhaps, compelled by economics and visionary impulses, point to the quality of actions many universities have done thus far worldwide, as we mentioned above. Some of them are given in Table 4 below. The work of these universities may be divided into two types which is explained below. Table 4: Leading Universities Participating in the Development of AI Programs Schools Courses on Law and AIs The New York University School of Law Competition, Innovation, and Information Law Program The GWU Law School Copyright, trademark, communications, e-commerce, biotech, etc. George Washington University Law School Patent the Bell telephone, Mergenthaler typewriter, and Eastman film cameras West Coast, Stanford’s LLM in Law, Science Technology (LST) E-commerce, cybersecurity, biotech, health sciences, and intellectual property Beijing’s Renmin University Cross-disciplinary lectures in fintech and blockchain, while courses such as Introduction to Big Data Analytics Tsinghua University Masters in Law and Computing Program The application of big data and AI in the legal industry. networks, big data, and artificial intelligence University Of Minnesota Law School Law Artificial Intelligence University of Pittsburgh School of Law Law and AI (Artificial Intelligence) Sources: Authors’ Compilation
  • 42. FOR ACADEMIC REPOSITORY PURPOSES ONLY 957 Educational Institutions of Law and Computers are involved in developing AI technologies, and at the same time educating their students to learn to work with new technology so that the efficiency of the workplace can be achieved. The vision is of the Augmented Intelligence or of Human-Computer Interaction, whereby machines and humans could work collaboratively (Sharples, 1996). It is the thing of today, and the future of the legal profession to be run by men is not certain, as work is in progress to produce robot lawyers and judges. In this environment, the current results are achieved, and the following universities perhaps envision the future. The University of Pittsburgh School of Law has introduced an LLB course whereby AI graduate students and law undergraduates together attempt to design computer programs capable of performing legal reasoning or solving legal problems. The graduates introduce law students to the basics of AI, and the law students help the graduate student understand the legal reasoning. They develop models, conduct experiment on how their newly developed programs are performing. They also introduce students to new technologies for legal information retrieval and e-discovery. The US universities, e.g, Harvard and few others have been able to develop their technology-based programs for legal innovation and their graduate in junior positions are benefiting from it. Hence, on the one hand, they develop technology and on the other hand train their students. Indeed, with the introduction of EVA (the free IT service provided by ROSS lists various branches of laws) and other similar systems existing in the market, and their free online services, in a very short term, universitiesmaybeabletoincorporatetheuseofthistechnology,orbear its costs, either in an integrated or focused manner. The technologies may cover substantive and procedural matters. These legal programmes would enable future generations of law graduates to acquire the skill of using technology and enhance the capabilities of doing things that the machines are unable to perform. With this, the information management may be achieved by machines, the connections of dots, the results of AI research will still need the skill and capability of sound logical reasoning which may sway the court in favour of a client represented by a competent and skilful lawyer. These benefits should be universal and should also be the focus of law schools, legal profession, and law agencies in Malaysia and any other developing country. Artificial Intelligence: Its Use In Legal Service
  • 43. FOR ACADEMIC REPOSITORY PURPOSES ONLY 958 Artificial Intelligence, Technologies And The Future Of Law 33.4 LEGAL EDUCATION AND THE MALAYSIAN LEGAL SERVICES SECTOR In Malaysia, AI at this point is not considered a threat. Instead, office automation is viewed as a helping hand. It is a modernising thing that may make lawyers look attractive to their clients, even though it could be at a minimum. For judicial clerks assisting judges to be efficient in managing their office work, legal research, and to be active in serving their clients, AIs look ideal. Technological advances of the legal profession, at par with that in other countries, have not yet attracted the full concentration of the gatekeepers of the profession or governmental agencies. Law journals and reporters do have digitised data of all reported and unreported cases from the superior courts of Malaysia and have the capability to cater for basic and a Simi advanced search. The search capabilities are helpful to a minimal point. Their results cover the reported cases and are unhelpful in finding the existing judge-made law on a given point. These results are useful for research on a specific point but cumbersome in general, as it shows relevant and irrelevant data at the same place. In the Tech industry, start-ups such as LexTech which began in 2016 is determined to introduce innovations to the legal industry. Hence, unlike the situation in the US and England, they promote applications and innovations made by lawyers. Other products mentioned above are not listed on their web page. Both the data from journals and Tech industry, therefore, have a long way to be ideal. On adverse, it is reported that Malaysia does not have a friendly policy and regulatory environment for introduction and promotion of legal technologies that could be at par with Singapore. In the opinion of the President of the Malaysian Bar Council, technology may arrive slowly (The Star, 2017). The reason for this was the lack of understanding of technology by lawyers which he hoped with proper education, the fraternity may realise that technology would help them to be more productive. This pushes the ball to the universities to be the leaders of AIs role in the legal profession of Malaysia. Nevertheless, few universities offer pure AI courses for graduate and postgraduate students in Malaysia which indicate that the existence of AI technology
  • 44. FOR ACADEMIC REPOSITORY PURPOSES ONLY 959 in Malaysia is at its infancy stage. To make these universities leap further into programmes to be law specific may take time. However, it seems that the legal profession is open to technological innovations. Several parties need to lead the effort towards the introduction of AIs to make the legal profession more efficient and effective. 33.5 PROSPECT OF AI APPLICATION IN MALAYSIAN LEGAL EDUCATION The single fact established by the preceding discussion was that in no small extent the AIs in legal profession improved effective service delivery with efficiency. To enhance the legal service, both the Government and the professional body concerned need to make a concerted effort. The vision may begin by the chambers of Attorney General (AGC), Bar Council and Judiciary and/or by all of them. The AGC as an end user of the AIs technologies may save time and money if they could adopt robotics in their legal research, law revision, and other tasks related to the enforcement of laws throughout the country. The same would be true if the Bar Council take the role of coordinator, promoter, and facilitator and encourage its members to welcome the modernisation of the legal profession. What is needed by the lawyers in the AGC and the legal profession, is also required by courts in their legal research and finding the most reliable and logical strong deducted or inducted rules of law established by their peers in the past within or outside the jurisdiction? Recognition of reliable services and making decisions based on machine analysis and prediction would open many doors for the innovation of the legal profession and their services. Modernisation of the legal profession through technology needs more thanjusttransformationofthemind-setofthepolicymakers.Inaddition to the above task, there is a need for incentive and encouragement by the policymakers, which may be tax rebated in time, and in the other, it may involve direct funding of in-house or contracted research in the area or development and production of real tools. The contracts for such tool development could be done by the private sector and Prospect of AI Application In Malaysian Legal Education
  • 45. FOR ACADEMIC REPOSITORY PURPOSES ONLY 960 Artificial Intelligence, Technologies And The Future Of Law also universities of the country. The Malaysian universities could be more proactive, irrespective whether or not their computer-related educational programs are general or specific, and whether they work alone or with others in a real interdisciplinary manner. In addition to research and development, the university may owe a duty to the nation to provide a far-sighted educational service to their students. This will include getting new legal technologies, developing them, and using them in their classrooms and computer labs to enable the graduates to have all the skills that make them successful and competitive. Thelegalfraternityincludingdraftersofstatutes,lawyers,andjudgeswas recognised to be the stakeholders and beneficiaries of the complexity of legal rules and their linguistic jargons. This bias may be eliminated by the introduction of legal robotics and AI technologies, thereby making legal advice cheaper and democratic. If AI could have the capability to make the work of hundreds of hours of work by lawyers, a good public service could be delivered to the members of a given society. The path towards the application of AI in the legal services sector in Malaysia can be achieved through the efforts of institutions within and outside the Government. Such efforts must embrace interdisciplinary collaboration, research and ingenuity on the part of the judiciary, lawyers, law teachers and students. One of the institutions of paramount importance is the Bar Council Malaysia which was established under the Legal Profession Act 1976 to protecttheinterestofthelegalprofessionandthepublicinMalaysia.Asa body comprising of approximately over 21000 members, it is important that the Bar recognises the need for some aspect of AI technologies in legal training and legal services for the lawyers. In addition, one of the objectives of the Malaysian Bar is to facilitate the acquisition of legal knowledge by members of the legal profession. It appears that legal knowledge has exceeded the bounds of law discipline and some aspects of technology has become the mainstay of legal service. In partnership with the AGC and other stakeholders, the Malaysian Bar can also lead the drive towards educational reform to include legal technologies in the training of law students. However, the Malaysian Bar can only offer top-down approach through its members but the law schools and educational institutions have a bigger role to play.
  • 46. FOR ACADEMIC REPOSITORY PURPOSES ONLY 961 A bottom-up approach is required in the training of aspiring lawyers from the law schools in Malaysia. This is through the incorporation of certain compulsory or elective courses in the university curriculum. In order to achieve this, university lecturers must improve their emphasis on collaboration and common ground between technology and law research. In the age of social media and disruptive technology, law students could be willing collaborators in Artificial Intelligence and relationship with law subjects. A major constraint to the teaching of technology and law subjects is the non-scientific nature of legal training. Therefore, it is necessary for law teachers to foster collaborative research through interdisciplinary projects involving technology experts. This can be achieved through research grants in collaboration with experts in computer sciences. Law students should be encouraged to join the entrepreneurship and start-up ecosystem in Malaysia to create innovative tools in solving law-related problems. For these, the future legal education should be based on things where human should learn and excel. Extensive university training has to be designed so that they can produce lawyers that are trained in using AI technologies, logical reasoning, and others. 33.6 MODERNISATION OF LEGAL EDUCATION The most important part of a university obligation towards its students of laws is to equip them for the future job market, both domestically, and in the global arena where jobs are for grabs if the applicant is soundly educated both in legal discipline and other related areas of market needs. National legal and judicial services are often subject to criticism for its delayed delivery of services to the public. Such a critique sometimes is muted by the lack of financial resources available to the public servants and judiciary. Delayed justice is as bad as the lack of justice when the enforcement of obligation is essential to the survival and sustenance of the victim of actionable wrongs. This is not sufficient in the age of AI. But an AI may not be effective if the machines are not appropriately handled. Modernisation Of Legal Education
  • 47. FOR ACADEMIC REPOSITORY PURPOSES ONLY 962 Artificial Intelligence, Technologies And The Future Of Law The legal profession is a business as much as it is the dedication of legal professionals to a just system of law. A law faculty needs to endorse both aspects of the legal profession in its curriculum. This should be seen in the graduates of the law school. Good graduates are needed for a legal firm, to contribute to society provided that the firm could sustain itself economically and intellectually, which can be so if the firm could be effective and efficient. However, it is questionable, now, whether or not the current educational system in law schools could contribute to the efficacy and efficiency of the public and private legal entities and firms. For these reasons the following techno legal knowhow has to be cultivated in the professional capabilities of fresh graduates of law schools in the following areas. Rights and Liabilities Often data protection is the main buzzword of the town. Rights and liabilities related to the ownership of data is part of the whole story. Other matters include the violation of personal freedoms by the surveillance industry such as data collectors, storers, operators, and the users of such personal data to gain an unfair advantage through such use of the data. In AI-related activities, the legality of the work performed by machines, damage and injury it causes due to negligent creation of an algorithm, the manufacturers, and end-users of these machines. The Management Related Know-How The recent survey in some countries indicates that law firms have legal technology, the majority of which do not provide training to their members. The lack of training in law firms, therefore, should be understood to be based on an expectation that the law schools have to prepare their students. Assuming this to be the case, the law students who wish to join private firms should know the following areas: The digitalisation of data, voice recognition technology, cloud storage, virtual office and its advantages and disadvantages are the basics that a fresh graduate has to know. As online presence may expose legal firms and their clients to cybersecurity risks, students need to know
  • 48. FOR ACADEMIC REPOSITORY PURPOSES ONLY 963 the risk of virtual presence and the means how to avoid it. For instance, familiarity with backup software’s help the future lawyers protect their data so that ransom seekers will not affect them. Blockchain technology is the future and demands the presence of lawyers. One who understands the technology and is present at this platform may benefit his firm and clients in the area of smart contracts, mediation,insurance,finance,decentralisedautonomousorganisations, smart real estate transfers and dealings. Policy and regulatory needs are part of this technology. Therefore, if the university could train its students in this area, they certainly would have an advantage over others. The introduction of AIs without proper training of firms’ members does not help them perform effectively. Therefore, the training of students in this type of technology is necessary. The relevant technologies, in which students need training, include documents’ review, documents’ analysis, documents’ summary, case briefs, case and facts management, contracts’ analysis, and prediction of the outcome of a given litigated case. Though these functions of AIs are available, however, they can be productively used if lawyers could fine-tune them further. University may help students to acquire the skill of using these technologies and henceforth fill the gap where skilled members of a law firm are at a minimum. Future university students have to be familiar with communication technology, auto document-capture and workflows software so that they can use it for contact with new clients, notification to the existing clients, and e-discovery with audio and video capabilities especially those who have opted for a virtual office. The skill of communication, redaction, and encryption of communication is another need for a firm. Such skill must be viewed as necessary where a firm has virtual presence. Firms that use advanced technology which is complicated may face a severe breakdown. The lack of training and to whom to turn to for training may affect the productivity of small and solo firms seriously. A law school, therefore, could help its graduates in acquiring this knowledge and skills and help them succeed in the place of work. Modernisation Of Legal Education
  • 49. FOR ACADEMIC REPOSITORY PURPOSES ONLY 964 Artificial Intelligence, Technologies And The Future Of Law Students perhaps need to be trained in practice management, planning, budgeting, and their execution. There exist many tools in some firms. This software includes built-in accounting, timelines, document management systems, and collaboration tools. How this software work and how lawyers can use them should be part of the law schools’ curriculums. Marketing of a firm and its main areas of specialisation have to be made known to the members of the public. Be a solo firm or partnership of two or more lawyers, they need a website. Most clients would do an online search and this will help firms to be visible and may have strong recommendations from the existing and previous clients, which help the firm attract new clients. Marketing technology and knowing how and when to use it may enable new solo firms when they do not have the luxury of market connections. Students need to know the basics of marketing, especially online so that they can use it effectively when necessary and save time and money when some services can be delivered to whom he/she needs it. 33.7 CONCLUSION Legal technology has evolved and continues to improve the workplace of lawyers and the legal fraternity. Although Malaysia has not benefited from the technology fully as yet, the era of tech-savvy lawyers is not far away. Based on such likelihood of legal profession in the future, fresh graduates are expected to have such knowledge and skill. Therefore, Malaysian universities have a moral obligation to train their students in legal and technological skills.
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