DIGITAL FORENSICS AND THE AUTHENTICATION OF ELECTRONIC EVIDENCE: ENHANCING INTEGRITY, ADMISSIBILITY, AND LEGAL REFORM IN MALAYSIAN SYARIAH COURTS

Abstract

The rapid development of digital technology has introduced a new dimension into evidentiary systems, including the Syariah judiciary in Malaysia. Digital evidence such as audio-visual recordings, mobile application messages, emails, and document metadata is increasingly submitted in court proceedings to either substantiate or refute claims made during litigation. However, the absence of a clear legal framework on the admissibility of electronic evidence in Malaysian Syariah Courts has indirectly resulted in heightened risks of data manipulation and privacy breaches, which pose serious challenges to the authentication and admissibility of such evidence. This article therefore aims to examine the concept and tools of digital forensics in the authentication of electronic documents, analyse the issues and challenges faced within the Syariah legal context, and propose possible legal reforms. The study adopts a qualitative approach through document analysis, which is subsequently organised into subthemes. The findings reveal that strengthening the authentication of digital evidence requires the promulgation of a standardised Standard Operating Procedure (SOP), continuous technical training, and strategic collaboration with industrial agencies such as CyberSecurity Malaysia, SIRIM QAS International, and the Malaysian Communications and Multimedia Commission (MCMC). The study affirms that the integration of digital forensics is not only consistent with the principles of maqāṣid al-sharīʿah and fiqh al-wāqiʿ, but also essential to reinforce justice while ensuring the integrity, reliability, and admissibility of electronic evidence in Syariah proceedings. The article further recommends that future research explore the development of a more comprehensive and sustainable Syariah digital forensic ecosystem.