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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Main Authors: Mohamed, Duryana, Ramlee, Zulfakar
Format: Article
Language:English
Published: worldconferences.net 2014
Subjects:
Online Access: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
id iium-38547
recordtype eprints
spelling 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
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)
KBP Islamic Law
KD England and Wales
spellingShingle 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
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
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