A PRELIMINARY REVIEW OF DIGITAL FORENSICS AS A MEANS OF PROOF IN MODERN SYARIAH CRIMINAL OFFENCES FROM A MAQASID AL-SHARI’AH PERSPECTIVE

الملخص

The rapid growth of digital technology has transformed the evidentiary landscape in Shariah criminal proceedings, with digital forensics emerging as a powerful means of presenting evidence. However, Malaysia’s Shariah legal system still lacks a clear and consistent framework for the admissibility of forensic digital evidence. This study examines the role of digital forensics in proving modern Shariah criminal offences, focusing on its suitability and acceptance through the lens of Maqāṣid al-Sharīʿah. Using a qualitative approach, the study draws on primary sources such as Shariah evidentiary provisions, criminal procedure laws and international forensic standards (ISO/IEC 27037:2012), as well as secondary sources including scholarly works, journal articles and fiqh literature on wasāʾil al-ithbāt and maqāṣid. Data is analysed inductively to derive principles supporting the admissibility of digital evidence, which are then interpreted within the maqāṣid framework to ensure alignment with Shariah objectives. The findings emphasise that under Maqāṣid al-Sharīʿah, the principle and ultimate aim of proof in Shariah criminal law is the realisation of justice (taḥqīq al-ʿadl), the protection of public welfare (maṣlaḥah) and the prevention of harm (dafʿ al-mafsadah). Traditional means of proof such as iqrār (confession), shahādah (witness testimony) and qarīnah (circumstantial evidence) are procedural tools, not ends in themselves. Properly applied, digital forensics can significantly enhance evidentiary reliability, prevent wrongful convictions, and fulfil the higher objectives of Shariah. The study recommends formal legal recognition, standardised procedures, capacity building and stronger collaboration between Shariah institutions and forensic experts to ensure justice in the digital era.