The Role of Religious Enforcement Officers as Digital Evidence First Responders (Defrs) in Syariah Criminal Investigations

This article examines how the rapid expansion of digital technology has reshaped Syariah criminal enforcement in Malaysia and why Religious Enforcement Officers (REOs) must be reconceptualised as Digital Evidence First Responders (DEFRs). While cyber-enabled offences in Syariah criminal now rely heavily on electronic traces, the Syariah evidentiary framework still centres on classical modes of proof and procedures designed for physical exhibits. The study analyses the legal and procedural gaps within the Syariah Court Evidence Act, the Syariah Criminal Procedure Act, standing departmental instructions and existing practice directions, and compares them with international digital-forensic standards on Chain of Custody (CoC). It argues that current practice leaves REOs without clear guidance or institutional support when handling digital devices, resulting in ad hoc seizure, incomplete documentation and weak evidentiary continuity. Drawing on Qur’anic principles of documentation, trust and justice, the article contends that safeguarding digital evidence integrity is both a technical requirement and a Sharīʿah obligation linked to the maqāṣid of ḥaqq, amānah and ʿadl. The study concludes by proposing a set of integrated reforms: clearer and more detailed guidelines on digital evidence handling, the establishment of dedicated digital evidence units, continuous DEFR-oriented training for REOs and statutory amendments to explicitly recognise and regulate digital proof. Together, these measures would strengthen the CoC in Syariah cybercrime cases and enhance the reliability and credibility of digital evidence before Syariah courts.