The Potential Application of the Expert System in Facilitating Arbitration in Malaysia

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Mohamad Fateh Labanieh, Mohammad Azam Hussain, Nazli Mahdzir
Nooraini Sulaiman
Omar Saleh Abdullah Bawazir

Abstract

Many arbitrators have no enough knowledge and expertise to decide on the Islamic banking disputes containing a Shariah matter. As a result, the Malaysian government enacted the Central Bank of Malaysia Act 2009 (Act 701) (hereinafter referred to as “CBMA 2009”) that obligate the arbitrators and judges to refer such Shariah matter to the Shariah Advisory Council (hereinafter referred to as “SAC”) of Bank Negara Malaysia (hereinafter referred to as “BNM”) for its ruling. The referral process is time-consuming and not in line with technological development brought by Artificial Intelligence (hereinafter referred to as “AI”). By using doctrinal legal research methodology, this article strives to examine the potential application of the expert system (hereinafter referred to as “ES”) in facilitating arbitration in Malaysia. The data are collected by using a library-based approach, and they are analytically and critically examined and interpreted by using a content analysis approach. It is found that ES provides several advantages. Ultimately, it is recommended that establishing ES in the context of Islamic banking disputes would streamline the resolution process and provide the arbitrator with efficient, fast, and cheap solutions to the Islamic banking dispute containing a Shariah matter. This would thereby reduce the routine tasks of the human experts and positively impact the justice system in Malaysia.

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How to Cite
Mohammad Azam Hussain, Nazli Mahdzir, M. F. L., Sulaiman, N. ., & Bawazir, O. S. A. . (2022). The Potential Application of the Expert System in Facilitating Arbitration in Malaysia. BiLD Law Journal, 7(1), 10–15. Retrieved from https://bildbd.com/index.php/blj/article/view/146
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