The potential problems of admissibility and relevancy of digital forensics evidence in Syariah Courts

Abstract

Digital forensics evidence has been recognized in Syariah courts by virtue of several related sections under Syariah Court Evidence (Federal Territories) Act 1997 or others Syariah Courts Evidence Enactments. However, due of lack of challenges on digital evidence cases in Syariah courts, the potential problems or obstacles of digital forensics evidence are unknown among the judges, lawyers and parties involved. Among the potential problems of admissibility and relevancy of digital forensics evidence are collecting evidence illegally, modifying evidence after it is in possession, deleting and editing any digital evidence data from the tools. Meanwhile digital data also changes moment by moment and invisible to the human eye and digital technologies are always changing so that forensic process can seldom be fixed for very long. Therefore this article aims to examine the potential problems of digital forensics evidence in Syariah courts based on the qualitative approach of literature reviews on the relevant articles, books, statutes and cases. By having a standard operating procedure (SOP), qualified digital forensics experts and effective digital forensic tools and analysis, they can resolve the problems and subsequently results the authenticated digital forensics evidence.