Abstract:

Depending on tradition, culture, and social context, decisions in courts can be different in various countries even if they apply the same legal system. The same holds true in the religious legal system of the Islamic Sharia due to the diversity of human interpretation of its sources of law. This heterogeneity can be seen in its two major sects, Sunni and Shia, in addition to the inherent dissimilarity of individual or collective opinions within these sects. Moreover, this can further vary in Islamic countries that have significant religious minorities that have developed mixed and secular constitutions to protect the rights of non-Muslims.

As the landscape of human activity has significantly become of digital nature, so have the footprints of our actions, interactions, and transactions. This shift is reflected in the legal process wherein the presentation of digital evidence has multiplied and, in a lot of cases, could be indispensable. Because of the distinct nature of this modern means of proof, its collection, storage, processing, and use in court, although following the same stages as traditional evidence, is handled in a different manner.

This paper explores the variation of digital evidence admissibility in Sharia courts in various Islamic countries. This is conducted through the examination of official legal cases, both civil and criminal, where digital evidence is involved. This study gives an overview of the Sharia law, its primary and secondary sources of law, Islamic criminal jurisprudence, and Islamic evidence law. Furthermore, a rundown of digital forensics and its role in the legal process is presented. The overview in these areas and where they overarch provides a baseline in looking at digital evidence admissibility under the Sharia law through the examination of six civil and criminal cases in Malaysia, Nigeria, and Saudi Arabia.