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 detailed legal framework under the Syariah Court Evidence (Federal Territories) Act 1997 [Act 561] has created substantial uncertainty, especially regarding authentication and integrity. In contrast, the Civil Courts operate under the Evidence Act 1950 [Act 56], which contains comprehensive provisions governing the admissibility of electronic evidence. This article examines the existing legal framework on electronic evidence in Malaysia, analyses the principles of authentication and integrity from a Syariah perspective, and evaluates the role of digital forensics in enhancing evidentiary reliability. The study employs a qualitative method through doctrinal document analysis, subsequently organised into subthemes. The findings demonstrate that digital forensic tools—such as cryptographic hashing, digital signatures, metadata analysis, and blockchain—are indispensable in ensuring the authenticity of electronic documents, while remaining consistent with the objectives of the maqāṣid al-sharīʿah in protecting rights (ḥifẓ al-ḥuqūq), property (ḥifẓ al-māl), and dignity (ḥifẓ al-ʿirḍ). The article concludes that integrating digital forensics into Syariah evidentiary practice is essential to reinforce justice, strengthen legal certainty, and safeguard the credibility of judicial outcomes in the digital era.