Setbacks Impeding Litigation of Deviant Teachings in Cyberspace

Abstract

Disseminating religious beliefs is done via cyberspace in this modern age. However, the dissemination of deviant religious teachings such as false doctrine, false allegations, and derogatory verses of the Qur'an via cyberspace that are on the rise raises concern, especially among Malaysian authorities. These activities are punishable offenses stated under the Syariah Criminal Acts and enactments in the Syariah Courts. Notably, the complexity of cyberspace affects the management of both the civil and criminal litigation processes. In Malaysia, it affects the way of handling litigation of offences relating to deviant teachings contrary to Syariah. Using a qualitative method of document analysis and doctrinal study, the intrinsic objective of this study is to analyse the setbacks that cause difficulty in litigating cases relating to the dissemination of deviant teachings in cyberspace. In addition, it provides recommendations to overcome some of the legal issues. This study finds that several legal setbacks are within the control of the various Malaysian authorities, whereas others need international cooperation in crime deterrence. The findings show that collaborative and concerted actions are required to define deviant religious activities as global criminality. The significance of this study would encourage more comprehensive research and effort from the relevant authorities to find solutions to legal obstacles or issues.