An Appraisal of Digital Documents as Evidence in Islamic Law

Abstract

Major shifts in the science and technology landscape have made the collection and analysis of digital evidence an increasingly important tool for resolving of crimes as well as the preparation of court cases. Digital documents are known as electronic documents and it can be used as a means of proof in court. However, this kind of method is still need to be discussed in detail regarding its admissibility in the Syariah court. This is because there is no specific provision on the use of it. Thus, this article focuses on the concept of digital documents as evidence in Syariah courts. It also explores the Islamic legal perspective on digital documents as a means of proof by considering the Quran, hadiths, legal maxims, and acts. This article also will focus on the admissibility of digital documents as evidence in Syariah courts. The methodology of this study is a qualitative approach. The data collected is divided into two types: primary sources, such as the Quran, hadiths, legal maxims, and acts; and secondary sources, such as journal articles, books, cases reported in law journals, and kitab fiqh. The data obtained is analyzed using document analysis methods. The results show that there is a high need to accept digital documents as evidence, especially in Syariah courts. This is because, the scientific and technological developments have led to this need to make use of digital documents. Studies show that the use of digital documents as evidence serves to reinforce other evidence presented in court.

Received: 7 September 2020 / Accepted: 2 February 2021 / Published: 10 May 2021