An Appraisal of the Legal Framework Governing the Admissibility of Electronic Documents as Evidence in Malaysian Shariah Courts: Current Practices and Future Legal Directions

The rapid advancement of science and technology has significantly impacted various aspects of human life, including the legal system. While documentary evidence was once confined to physical form, the emergence of electronic documents has introduced new dimensions to evidentiary practices. In Malaysian civil courts, the admissibility of electronic documents has been recognised since the 1950s through the Evidence Act 1950 (Act 56) and continues to be widely practised. However, this situation differs in Shariah courts, where legal practitioners remain relatively less exposed to accepting electronic documents as evidence. This study aims to analyse the existing legal framework and the concept of electronic documents as evidence in Malaysian Shariah courts, identify the key challenges in their application, and propose improvements to strengthen relevant legal practices and frameworks. A qualitative approach was adopted through document analysis and semi-structured interviews with Shariah judges, prosecutors, religious enforcement officers, and lawyers. The data collected were thematically analysed using content analysis methods. The findings reveal the absence of a specific provision explicitly referring to “electronic documents” under the current Shariah evidence law. Instead, their admissibility is inferred through the general definition of “documents” and applied on a discretionary basis. The study also identifies major challenges related to authenticity, admissibility, and verification of electronic documents. To address these issues, it proposes re-examining Shariah evidence provisions with reference to civil law, strengthening comparative research between Shariah and civil courts, and enhancing institutional capacity through technology training and the engagement of digital forensic experts. This study is therefore significant in improving the existing legal framework for managing electronic evidence more effectively in the future.