Cases of electronic evidence in Malaysia courts: the civil and Syariah perspective
Islamic law emphasises on justice and fairness in solving disputes. In order to achieve this objective the legal fraternity has developed a procedural law to successfully executing the fairness. Since Islamic law is comprehensive and applicable at anytime the fairness is to be exercised regardless...
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iium-385472014-12-24T11:12:02Z http://irep.iium.edu.my/38547/ Cases of electronic evidence in Malaysia courts: the civil and Syariah perspective Mohamed, Duryana Ramlee, Zulfakar K Law (General) KBP Islamic Law KD England and Wales Islamic law emphasises on justice and fairness in solving disputes. In order to achieve this objective the legal fraternity has developed a procedural law to successfully executing the fairness. Since Islamic law is comprehensive and applicable at anytime the fairness is to be exercised regardless of new development in law and technology. In Islamic law, evidences in electronic formats or cyber evidences are acceptable in certain cases if they are authentic and reliable. Although these evidences carry different name from conventional evidence but their characteristics are similar. They are also very fragile and could easily be altered. Therefore the issues of authenticities are paramount for electronic evidences. This paper will discuss cases that accept electronic evidences in both Islamic and Malaysian law. The discussion will also include the procedure to accept electronic evidence in Malaysian courts and few challenges in establishing the admissibility of electronic evidence. Keywords: Electronic evidence, Authentic, Civil, Islamic law, Courts worldconferences.net 2014 Article PeerReviewed application/pdf en http://irep.iium.edu.my/38547/1/211-Duryana-Mohamed-CASES-OF-ELECTRONIC-EVIDENCE-IN-MALAYSIAN-COURTS-THE-CIVIL-AND-SYARIAH-PERSPECTIVE.pdf Mohamed, Duryana and Ramlee, Zulfakar (2014) Cases of electronic evidence in Malaysia courts: the civil and Syariah perspective. ICSSR e-Journal of Social Science Research, 1 (2). pp. 1-10. ISSN e-ISSN: 2289-4977 http://worldconferences.net/journals/icssr/toc/indexv2.html |
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K Law (General) KBP Islamic Law KD England and Wales |
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K Law (General) KBP Islamic Law KD England and Wales Mohamed, Duryana Ramlee, Zulfakar Cases of electronic evidence in Malaysia courts: the civil and Syariah perspective |
description |
Islamic law emphasises on justice and fairness in solving disputes. In order to achieve this objective the legal fraternity has developed a procedural law to successfully executing the fairness. Since Islamic law is comprehensive and applicable at anytime the fairness is to be exercised regardless of new development in law and technology. In Islamic law, evidences in electronic formats or cyber evidences are acceptable in certain cases if they are authentic and reliable. Although these evidences carry different name from conventional evidence but their characteristics are similar. They are also very fragile and could easily be altered. Therefore the issues of authenticities are paramount for electronic evidences. This paper will discuss cases that accept electronic evidences in both Islamic and Malaysian law. The discussion will also include the procedure to accept electronic evidence in Malaysian courts and few challenges in establishing the admissibility of electronic evidence.
Keywords: Electronic evidence, Authentic, Civil, Islamic law, Courts
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format |
Article |
author |
Mohamed, Duryana Ramlee, Zulfakar |
author_facet |
Mohamed, Duryana Ramlee, Zulfakar |
author_sort |
Mohamed, Duryana |
title |
Cases of electronic evidence in Malaysia courts: the civil and Syariah perspective
|
title_short |
Cases of electronic evidence in Malaysia courts: the civil and Syariah perspective
|
title_full |
Cases of electronic evidence in Malaysia courts: the civil and Syariah perspective
|
title_fullStr |
Cases of electronic evidence in Malaysia courts: the civil and Syariah perspective
|
title_full_unstemmed |
Cases of electronic evidence in Malaysia courts: the civil and Syariah perspective
|
title_sort |
cases of electronic evidence in malaysia courts: the civil and syariah perspective |
publisher |
worldconferences.net |
publishDate |
2014 |
url |
http://irep.iium.edu.my/38547/ http://irep.iium.edu.my/38547/ http://irep.iium.edu.my/38547/1/211-Duryana-Mohamed-CASES-OF-ELECTRONIC-EVIDENCE-IN-MALAYSIAN-COURTS-THE-CIVIL-AND-SYARIAH-PERSPECTIVE.pdf |
first_indexed |
2023-09-18T20:55:24Z |
last_indexed |
2023-09-18T20:55:24Z |
_version_ |
1777410269961519104 |