Rules of Admitting Digital Document as Evidence in Syariah Courts In Malaysia: A Comparative Appraisal with Civil Courts Process
Digital document is quite demanding nowadays in order to make sure the acceptance of digital document in court of Malaysia. Problems in the digital admissibility of documents in court are often associated with the authenticity of such evidence. Therefore, the need to ensure the usability and reli...
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| Summary: | Digital document is quite demanding nowadays in order to make sure the acceptance of
digital document in court of Malaysia. Problems in the digital admissibility of
documents in court are often associated with the authenticity of such evidence.
Therefore, the need to ensure the usability and reliability of digital documents in court
is one of the determinants of the admissibility of digital documents as a method of proof
in court, especially in the Syariah Court. This is because the admissibility of digital
evidence in court can be disputed through the credibility of the evidence presented
during the trial. This research aims to discuss the need to understand the general
discussion and provisions related to digital documents as evidence. This is also to study
the comparison between the provisions for accepting digital documents as evidence in
the Syariah Courts in Malaysia by making a comparative assessment by examining the
Civil Court process and analyzing the relevant cases. This research uses qualitative
analysis that uses a literature review approach to collect data from classical and
contemporary legal texts to achieve this goal, which includes primary and secondary
data as well as scientific opinion. A content analysis approach was used to examine the
results of the study. This study found that the law in the Syariah Courts related to the
acceptance of digital documents is still less accepted and requires to the scrutiny of the
law in the Civil Courts. Therefore, it is important to clarify the admissibility of digital
documents in Syariah Courts under legal standards to ensure that the evidence presented
in court is reliable and accurate as required by the court. |
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