Abstract
This article is aimed at addressing the issue of principles of electronic evidence from Shari‘ah perspective. As principles of electronic evidence in common law are quite established. But this area is not addressed extensively in Islamic law. Importance of these evidences cannot be denied as most of the lawsuits now a days involve electronic evidence. It has been accepted generally, that rules of evidence for electronic evidence are the same as for physical evidence. So it is very helpful tool to make research in this area in Islamic law. It is also observed that means of proof in English and Islamic law are the same. Present study shall apply Sharī‘ah rules of evidence on electronic evidence and explore their permissibility status from the perspective of Islamic law. Major areas to be explored in this research are oral testimony, documentary evidence and circumstantial evidence.
Highlights
Electronic evidence are permeating in all fields of our lives
In order to scrutinize them from the perspective of Sharī‘ah, principles of classical Islamic law were discussed
In the third section both the above parts are compared and analysed for Sharī‘ah perspective, which helped in deriving Sharī‘ah rules for electronic evidence
Summary
Electronic evidence are permeating in all fields of our lives. From our mobile phones to official computers, electronic microwave oven to ATM machines everything is generating electronic evidence. An Article titled, “alTijārah electroniah ‘Ibr al-Internet Aḥkāmūha wa atharūha fil fiqh al-Islāmi wa nizām alSau‘di”[13] by Dr ‘Ali bi ‘Abdullah al-Shehri has written on the same topic It is basically dealing with Saudi legal system with reference to the electronic laws and legislations. “Principle 1: No action taken by law enforcement agencies or their agents should change data held on a computer or other media which may subsequently be relied upon in court; Principle 2: In exceptional circumstances, where a person finds it necessary to access original data held on a computer or storage media, that person must be competent to do so and be able to give evidence explaining the relevance and the implications of their actions; Principle 3: An audit trail or other record of all processes applied to computer based evidence should be created and preserved. Mentioned principles reveal that electronic evidence should be appropriate to be presented in court of law, that is it should be admissible
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
