Department of Law

This paper examines the current trends in the e-commerce revolution that has set in motion in the Malaysian banking sector and reports on an empirical research that was carried out in Malaysia to study the customersÕ preference for electronic banking and the factors, which they considered influenced the adoption of electronic banking. Results based on the analysis of data relating to 300 respondents indicate that while there is no significant differences between the age and educational qualifications of the electronic and conventional banking users, some differences exists on other demographic variables. Analysis further reveals that accessibility of Internet, a wareness of e-banking, and customersÕ reluctance to change are the factors that significantly affected the usage of e-banking in Malaysia. The paper discusses on the implications of these. Limitations of the study are highlighted and further research directions are suggested.

One of the universally accepted stories in Islamic jus in Bello is that the
Prophet Peace be Upon Him ordered the killing of all the combatants of
Banu Qurayzah (Qurayza) for their treachery. It seems that this story is
blindly accepted by Muslims themselves without knowing that this is
perhaps the greatest fabrication in Islamic jus in Bello. This article
attempts to elaborate the inner contradictions in the Banu Qurayza
episode. It is concluded that the killing of all the combatants of Banu
Qurayza never took place.

The following article focuses on the Islamic Emirate of Afghanistan Rules for the Mujahideen** to determine their conformity with the Islamic jus in bello. This code of conduct, or Layha, for Taliban fighters highlights limiting suicide attacks, avoiding civilian casualties, and winning the battle for the hearts and minds of the local civilian population. However, it has altered rules or created new ones for punishing captives that have not previously been used in Islamic military and legal history. Other rules disregard the principle of distinction between combatants and civilians and even allow perfidy, which is strictly prohibited in both Islamic law and international humanitarian law. The author argues that many of the Taliban rules have only a limited basis in, or are wrongly attributed to, Islamic law.

This article argues that according to the majority of Muslim jurists, a woman cannot obtain khul' without the consent of her husband. However, Imām Mālik and his disciples are of the opinion that the decision of arbitrators chosen by the state authority, court or the spouses for resolving dispute between the husband and wife can decide separation or union and such outcome is valid without specific delegation by the spouses and without their consent. The decisions of the Superior Courts in Pakistan are partially based on the Mālikī view and legislation has endorsed the position adopted by the Courts. It is argued that both the legislation as well as case law in Pakistan are based on the precedent set by the Prophet (peace be upon him). The Federal Shariat Court has also endorsed the existing Pakistani law on khul'. The Recommendations of the Council of Islamic Ideology regarding khul' are partially in conformity with the Qur'ān and the Sunnah.

This work analyses case law regarding khul' in Pakistan. It is argued that Balqis Fatima and Khurshid Bibi cases are the best examples of judicial law-making for protecting the rights of women in the domain of personal law in Pakistan. The Courts have established that when the husband is the cause of marital discord, then he should not be given any compensation; and that the mere filing of a suit for khul' by the wife means that hatred and aversion have reached a degree sufficient for courts to grant her the separation she is seeking by resorting to her right of khul'. The new interpretation of section 10(4) of the West Pakistan Family Courts Act, 1964 by Courts in Pakistan is highly commendable.