تزوير الكتابة وأحكامها في القانون الإسلامي والمحاكم الشرعية الماليزية: تحليل قانوني ودراسة الحالات

Recently, the use of documents has significantly increased among the general public and the national government. This is attributed to the robustness of documents, which serve as evidence in various daily matters such as administrative affairs, transactions, marriage, debts, and more. Their effectiveness as evidence has made them the preferred choice over other forms of proof. However, challenges arise when presenting documentary evidence, including the risk of forgery and ensuring the authenticity of documents submitted as evidence in court proceedings. This study focuses on the issue of document forgery by elucidating the definition of document forgery and its stance in Islam, the legal rulings regarding document forgery under the jurisdiction of the Malaysian Syariah Court, and the reported cases in the Malaysian Syariah Court concerning the crime of document forgery. The researcher adopted a qualitative approach to achieve the study's objectives. The findings indicate that document forgery is one of the challenges when presenting documentary evidence in court. Under the jurisdiction of the Syariah Court, there are no specific provisions for the crime of forgery in general; instead, it is treated as contempt of court. Furthermore, based on the analysis of cases involving document forgery, the penalties imposed by the court are minimal and ineffective for the accused. Therefore, the Malaysian Syariah Court needs to examine the practices of civil law attorneys when dealing with cases related to document forgeryand analyze the rulings under which they are adjudicated. This will enable Syariah attorneys to better handle such cases in the future.