DIGITAL FORENSICS AND THE ADMISSIBILITY OF ELECTRONIC EVIDENCE IN MALAYSIAN SYARIAH COURTS: TOWARDS A STANDARDISED LEGAL FRAMEWORK

Abstract

The advancement of digital technology has introduced significant challenges to evidentiary processes, particularly within the Syariah judiciary in Malaysia. Electronic evidence—including mobile application messages, closed-circuit television (CCTV) recordings, emails, and online transactions—is increasingly tendered in Syariah proceedings. However, the absence of a legal framework under the Syariah Court Evidence (Federal Territories) Act 1997 [Act 561] has created substantial uncertainty, especially in relation to authentication and integrity. In contrast, the Civil Courts operate under the Evidence Act 1950 [Act 56], which provides comprehensive provisions governing the admissibility of electronic evidence. This study aims to analyse the existing legal framework governing electronic documents in Malaysia, explore the role of digital forensics in strengthening evidentiary reliability, and identify the issues and challenges faced by the Syariah judiciary in applying such methods. It further proposes legal and institutional reforms to enhance the effective management of electronic evidence in the future. The study employs a qualitative approach grounded in doctrinal analysis of statutes, case law, and scholarly literature, which are subsequently organised into thematic subcategories. The findings demonstrate that digital forensic tools—such as cryptographic hashing, digital signatures, metadata analysis, and blockchain play a crucial role in safeguarding the authenticity, integrity, and probative value of electronic documents. These mechanisms are also consistent with the objectives of the maqāṣid al-sharīʿah, particularly the protection of rights (ḥifẓ al-ḥuqūq), property (ḥifẓ al-māl), and dignity (ḥifẓ al-ʿirḍ). The study concludes that integrating digital forensics into Syariah evidentiary practice is vital to reinforce justice, enhance legal certainty, and safeguard the credibility of judicial outcomes in the digital era.