Authentication of electronic evidence in cybercrime cases based on Malaysian laws and Islamic laws

Electronic evidence is one of the many forms of documentary evidence. It is stored and retrievable from electronic devices such as computer and smartphone, particularly in their hard disks or memory banks. However, the fragile nature of electronic evidence, make its prone to damage or susceptible to...

Full description

Bibliographic Details
Main Authors:	Mustapha Sa'di, Mursilalaili, Mohamed, Duryana, Kamarudin, Abdul Rani, Ramlee, Zulfakar
Format:	Conference or Workshop Item
Language:	English
Published:	2014
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/40524/ http://irep.iium.edu.my/40524/ http://irep.iium.edu.my/40524/1/Authentication_of_Electronic_Evidence.pdf

id	iium-40524
recordtype	eprints
spelling	iium-405242016-03-14T02:24:34Z http://irep.iium.edu.my/40524/ Authentication of electronic evidence in cybercrime cases based on Malaysian laws and Islamic laws Mustapha Sa'di, Mursilalaili Mohamed, Duryana Kamarudin, Abdul Rani Ramlee, Zulfakar K Law (General) Electronic evidence is one of the many forms of documentary evidence. It is stored and retrievable from electronic devices such as computer and smartphone, particularly in their hard disks or memory banks. However, the fragile nature of electronic evidence, make its prone to damage or susceptible to alteration as well as destruction, due to improper handling of self keeping. Since it can easily be tampered or self-deteriorate, establishing its authenticity and reliability of electronic evidence is a technical task. These states of affair would cause such electronic evidence to be inadmissible or carries low weightage by the court thus undermining the prosecution’s or the plaintiff’s case, as the case may be. In order to ensure such evidence is admissible and carry the expected weightage, the parties must first prove the authenticity of such evidence, and subsequently on its reliability and relevancy. Nevertheless, in cybercrime cases, proving the crime is actually a technical challenge, where the responsible personnel are required to understand what is electronic evidence, how to extract and preserve the originality of such evidence and the laws governing electronic evidence as well as cybercrimes. This article attempt to explain scope of electronic evidence in regulation to criminal cases as far as its admissibility and weightage are concern. The discussion will be based on Malaysian laws, Islamic laws and common law. 2014 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/40524/1/Authentication_of_Electronic_Evidence.pdf Mustapha Sa'di, Mursilalaili and Mohamed, Duryana and Kamarudin, Abdul Rani and Ramlee, Zulfakar (2014) Authentication of electronic evidence in cybercrime cases based on Malaysian laws and Islamic laws. In: International Conference on Law, Order and Criminal Justice 2014 (ICLOCJ 2014), 19th - 20th Nov. 2014, International Institute of Islamic Thought and Civilization (ISTAC), Kuala Lumpur. http://www.iium.edu.my/ar/conference/international-conference-law-order-criminal-justice/page/parallel-sessions-presentation
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Mustapha Sa'di, Mursilalaili Mohamed, Duryana Kamarudin, Abdul Rani Ramlee, Zulfakar Authentication of electronic evidence in cybercrime cases based on Malaysian laws and Islamic laws
description	Electronic evidence is one of the many forms of documentary evidence. It is stored and retrievable from electronic devices such as computer and smartphone, particularly in their hard disks or memory banks. However, the fragile nature of electronic evidence, make its prone to damage or susceptible to alteration as well as destruction, due to improper handling of self keeping. Since it can easily be tampered or self-deteriorate, establishing its authenticity and reliability of electronic evidence is a technical task. These states of affair would cause such electronic evidence to be inadmissible or carries low weightage by the court thus undermining the prosecution’s or the plaintiff’s case, as the case may be. In order to ensure such evidence is admissible and carry the expected weightage, the parties must first prove the authenticity of such evidence, and subsequently on its reliability and relevancy. Nevertheless, in cybercrime cases, proving the crime is actually a technical challenge, where the responsible personnel are required to understand what is electronic evidence, how to extract and preserve the originality of such evidence and the laws governing electronic evidence as well as cybercrimes. This article attempt to explain scope of electronic evidence in regulation to criminal cases as far as its admissibility and weightage are concern. The discussion will be based on Malaysian laws, Islamic laws and common law.
format	Conference or Workshop Item
author	Mustapha Sa'di, Mursilalaili Mohamed, Duryana Kamarudin, Abdul Rani Ramlee, Zulfakar
author_facet	Mustapha Sa'di, Mursilalaili Mohamed, Duryana Kamarudin, Abdul Rani Ramlee, Zulfakar
author_sort	Mustapha Sa'di, Mursilalaili
title	Authentication of electronic evidence in cybercrime cases based on Malaysian laws and Islamic laws
title_short	Authentication of electronic evidence in cybercrime cases based on Malaysian laws and Islamic laws
title_full	Authentication of electronic evidence in cybercrime cases based on Malaysian laws and Islamic laws
title_fullStr	Authentication of electronic evidence in cybercrime cases based on Malaysian laws and Islamic laws
title_full_unstemmed	Authentication of electronic evidence in cybercrime cases based on Malaysian laws and Islamic laws
title_sort	authentication of electronic evidence in cybercrime cases based on malaysian laws and islamic laws
publishDate	2014
url	http://irep.iium.edu.my/40524/ http://irep.iium.edu.my/40524/ http://irep.iium.edu.my/40524/1/Authentication_of_Electronic_Evidence.pdf
first_indexed	2023-09-18T20:58:10Z
last_indexed	2023-09-18T20:58:10Z
_version_	1777410444721389568

Authentication of electronic evidence in cybercrime cases based on Malaysian laws and Islamic laws

Similar Items