Legal Impediments to the Collateralization of Intellectual Property in the Malaysian Dual Banking System

Ida Madieha Azmi, International Islamic University Malaysia
Engku Rabiah Adawiyah Engku Ali, International Islamic University Malaysia

Abstract

This paper examines the legal impediments facing the acceptability of intellectual property as collateral in Malaysia. As Malaysia practises a dual banking system, conventional and Islamic, both running parallel to each other, the position of intellectual property under the Islamic banking system will also be analysed. This, in turn, requires a deeper elaboration of principles relating to collateral security or rahn in Shari'ah law. The paper also proceeds to explore the suitability, acceptability and practical risks of allowing intellectual property as a form of security in comparison to "physical assets".

Recommended Citation

Azmi, Ida Madieha and Engku Ali, Engku Rabiah Adawiyah (2007) "Legal Impediments to the Collateralization of Intellectual Property in the Malaysian Dual Banking System," Asian Journal of Comparative Law: Vol. 2 : Iss. 1, Article 8.
Available at: http://www.bepress.com/asjcl/vol2/iss1/art8

 
 
 
 

ISSN: 1932-0205 ©1999-2008 The Berkeley Electronic Press™ All rights reserved.

To submit, subscribe, recommend this journal to your library, or sign up for email alerts, please visit: http://www.bepress.com/asjcl