Analisis Perundangan bagi Undang-Undang Keterangan Mahkamah Syariah terhadap Dokumen Digital sebagai Kaedah Pembuktian dan Kebolehterimaannya dalam Prosiding Mahkamah

Presenting the digital document as evidence in court can prove and convict a case, as well as exonerate innocent people. Acceptance of digital documents as a method of proof has been practiced in the civil courts as early as the 1950s and is widely adopted until today. This is because, under civil laws, there is a specific provision in regards to the used of digital documents as evidence. However, this scenario is different with the Syariah courts as there is no specific provision according to Islamic law on the use of it. Not only that, but the Syariah law practitioners are also rarely exposed to cases related to the use of digital documents. Therefore, this study will analyse the position of the digital document under Islamic law. This study also will explore the cases related to the use of digital documents in the Syariah court. This study uses qualitative methods by analyzing documents such as the provision from the Syariah court evidence (Federal Territories) Act 1997 [Act 561], journals, article papers, books and cases reported in legal journals. The results show the use of digital documents as evidence is allowed based on provisions from Islamic law and the need to use it in Syariah courts is very high in line with the rapid development of science and technology. The researchers have also put forward some challenges that will usually be encountered when handling this kind of evidence and suggestions to improve the use of digital documents in the Syariah courts.