Abstract
The Legal Forensic Model in Determining the Genuineness of Islamic Banking Documents and Their Application in Shariah Courts
Highlights
Falsification of documents does happen in civil courts
This paper explores the methods that have been used in civil courts during the authentication process with the objective of proposing this as a model for Shariah courts provided that the procedure is compliant with Islamic law
A total of 181 survey questionnaires were distributed to respondents consisting of Shariah judges, Shariah officers, Shariah lawyers, lecturers, and Shariah and law students in Negeri Sembilan, Kuala Lumpur and Putrajaya
Summary
Falsification of documents does happen in civil courts. Shariah courts face the same problems despite being ‘religiously’-oriented courts. It can be argued that, in the case of Malaysia, civil courts have clearer guidelines regarding the authentication of documents compared to Shariah courts. This study utilised a questionnaire survey as well as interviews in collecting data to measure the perceptions and opinions of relevant respondents with various stake holdings from those who practice law, with a Shariah and civil background. Analysis of the collected data indicates that the necessity of forming a legal forensic model is supported by the majority of the participants, which, implies that a forensic model that makes the authentication of documents more structured, clear and practical must be formed in Shariah courts. The practice of civil courts in relation to the authentication of documents should be used as a model in Shariah courts so long as they comply with the principles of Islamic law
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