The Existence of Electronic Evidence in the Settlement of Sharia Economic Disputes in Religious Courts During the Covid-19 Period Based on Positive Law and Islamic Law Perspectives

Abstract

The development of the Sharia economy, accompanied by the wide scope of economic activity in Indonesia, has had a huge influence on the increase in Sharia economic disputes, including during the Covid-19 pandemic. The Supreme Court has responded quickly by issuing various Regulations related to electronic trials to solve the accumulation of cases, especially Sharia economics in the Religious Courts. With this e-court application and electronic trials, it is hoped that it will be able to avoid crowds of people at the court office causing physical contact between justice seekers so it is feared that it could become one of the distribution chains or new clusters of the Covid-19 virus. Electronic information as legal evidence in civil cases is categorized as written evidence. Electronic information or electronic documents are considered valid as long as the information can be accessed, displayed, guaranteed for its integrity, and accounted for so that it can explain a situation. In Islamic law, electronic evidence can be used as evidence because it is included in other evidence according to Islamic law experts. So electronic evidence can be used as evidence in the settlement of Sharia economic disputes, especially in transaction activities using contracts in accordance with Sharia principles such as contracts of buying and selling, leasing, cooperation, debts, and so on.
 Keywords: electronic evidence, Sharia economic dispute, Covid-19