Cases of electronic evidence in Malaysia courts: the civil and Syariah perspective

Mohamed, Duryana and Ramlee, Zulfakar (2014) Cases of electronic evidence in Malaysia courts: the civil and Syariah perspective. ICSSR e-Journal of Social Science Research, 1 (2). pp. 1-10. ISSN e-ISSN: 2289-4977

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Abstract

Islamic law emphasises on justice and fairness in solving disputes. In order to achieve this objective the legal fraternity has developed a procedural law to successfully executing the fairness. Since Islamic law is comprehensive and applicable at anytime the fairness is to be exercised regardless of new development in law and technology. In Islamic law, evidences in electronic formats or cyber evidences are acceptable in certain cases if they are authentic and reliable. Although these evidences carry different name from conventional evidence but their characteristics are similar. They are also very fragile and could easily be altered. Therefore the issues of authenticities are paramount for electronic evidences. This paper will discuss cases that accept electronic evidences in both Islamic and Malaysian law. The discussion will also include the procedure to accept electronic evidence in Malaysian courts and few challenges in establishing the admissibility of electronic evidence. Keywords: Electronic evidence, Authentic, Civil, Islamic law, Courts

Item Type:	Article (Journal)
Additional Information:	1846/38547
Uncontrolled Keywords:	Electronic evidence, Authentic, Civil, Islamic law, Courts
Subjects:	K Law > K Law (General) K Law > KBP Islamic Law K Law > KD England and Wales
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User:	Dr Duryana Mohamed
Date Deposited:	03 Oct 2014 08:44
Last Modified:	24 Dec 2014 19:12
URI:	http://irep.iium.edu.my/id/eprint/38547

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