Reception of electronic evidence from Islamic perspective

Islamic law of evidence acknowledges electronic evidence as documentary evidence or al-kitabah. It is in line with the Malaysian Law perspective since electronic evidence is one form of documentary evidence. It is stored and retrievable from electronic devices such as computer and smartphones to nam...

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Main Authors:	Mustapa Sa‘di, Mursilalaili, Kamarudin, Abdul Rani, Ramlee Saad, Zulfakar
Format:	Article
Language:	English
Published:	INSI Publications 2015
Subjects:	KBP Islamic Law
Online Access:	http://irep.iium.edu.my/45193/ http://irep.iium.edu.my/45193/ http://irep.iium.edu.my/45193/1/30-35.pdf

id	iium-45193
recordtype	eprints
spelling	iium-451932017-10-30T01:40:36Z http://irep.iium.edu.my/45193/ Reception of electronic evidence from Islamic perspective Mustapa Sa‘di, Mursilalaili Kamarudin, Abdul Rani Ramlee Saad, Zulfakar KBP Islamic Law Islamic law of evidence acknowledges electronic evidence as documentary evidence or al-kitabah. It is in line with the Malaysian Law perspective since electronic evidence is one form of documentary evidence. It is stored and retrievable from electronic devices such as computer and smartphones to name a few. However, the fragile nature of electronic evidence, makes it prone to damage and alteration as well as destruction or when there is improper handling of such evidence. Since, it can easily be tempered or self-deteriorate, establishing authenticity, reliability and accuracy of electronic evidence are quite challenging to ensure such evidence is admissible and weighty. 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 the contents‘ reliability and accuracy. Therefore, this article discusses what is documentary evidence under Islamic law known as al-kitabah and how the Islamic jurists treated it as a mode of proof it then discuss whether al-kitabah would include electronic evidence. Hence, this article explained the nature of electronic evidence as understood now based on several modern statutes and the requirement for is admissibility such as authentication of both the document as well as the content. INSI Publications 2015 Article PeerReviewed application/pdf en http://irep.iium.edu.my/45193/1/30-35.pdf Mustapa Sa‘di, Mursilalaili and Kamarudin, Abdul Rani and Ramlee Saad, Zulfakar (2015) Reception of electronic evidence from Islamic perspective. Australian Journal of Basic and Applied Sciences, 9 (26(sp)). pp. 30-35. ISSN 1991-8178 http://ajbasweb.com/old/ajbas/2015/Special%20PGTS%20Kota%20Kinabalu%20August/30-35.pdf
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP Islamic Law
spellingShingle	KBP Islamic Law Mustapa Sa‘di, Mursilalaili Kamarudin, Abdul Rani Ramlee Saad, Zulfakar Reception of electronic evidence from Islamic perspective
description	Islamic law of evidence acknowledges electronic evidence as documentary evidence or al-kitabah. It is in line with the Malaysian Law perspective since electronic evidence is one form of documentary evidence. It is stored and retrievable from electronic devices such as computer and smartphones to name a few. However, the fragile nature of electronic evidence, makes it prone to damage and alteration as well as destruction or when there is improper handling of such evidence. Since, it can easily be tempered or self-deteriorate, establishing authenticity, reliability and accuracy of electronic evidence are quite challenging to ensure such evidence is admissible and weighty. 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 the contents‘ reliability and accuracy. Therefore, this article discusses what is documentary evidence under Islamic law known as al-kitabah and how the Islamic jurists treated it as a mode of proof it then discuss whether al-kitabah would include electronic evidence. Hence, this article explained the nature of electronic evidence as understood now based on several modern statutes and the requirement for is admissibility such as authentication of both the document as well as the content.
format	Article
author	Mustapa Sa‘di, Mursilalaili Kamarudin, Abdul Rani Ramlee Saad, Zulfakar
author_facet	Mustapa Sa‘di, Mursilalaili Kamarudin, Abdul Rani Ramlee Saad, Zulfakar
author_sort	Mustapa Sa‘di, Mursilalaili
title	Reception of electronic evidence from Islamic perspective
title_short	Reception of electronic evidence from Islamic perspective
title_full	Reception of electronic evidence from Islamic perspective
title_fullStr	Reception of electronic evidence from Islamic perspective
title_full_unstemmed	Reception of electronic evidence from Islamic perspective
title_sort	reception of electronic evidence from islamic perspective
publisher	INSI Publications
publishDate	2015
url	http://irep.iium.edu.my/45193/ http://irep.iium.edu.my/45193/ http://irep.iium.edu.my/45193/1/30-35.pdf
first_indexed	2023-09-18T21:04:19Z
last_indexed	2023-09-18T21:04:19Z
_version_	1777410831644884992

Reception of electronic evidence from Islamic perspective

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