The Potential Problems of Admissibility and Relevancy of Digital Forensics Evidence in Syariah Courts
| Autor: | Mohamad Khairudin Kallil, Nasrul Hisyam Nor Muhamad, Ahmad Che Yaacob, Zulkiflee Haron |
|---|---|
| Rok vydání: | 2020 |
| Předmět: |
business.industry
Process (engineering) Computer science Digital forensics Internet privacy Digital data ComputingMilieux_LEGALASPECTSOFCOMPUTING Possession (law) Statute Psychiatry and Mental health Clinical Psychology Digital evidence ComputingMilieux_COMPUTERSANDSOCIETY Pshychiatric Mental Health business Standard operating procedure |
| Zdroj: | International Journal of Psychosocial Rehabilitation. 24:1027-1032 |
| ISSN: | 1475-7192 |
| DOI: | 10.37200/ijpr/v24i5/pr201776 |
| Popis: | Digital forensics evidence has been recognized in Syariah courts by virtue of several related sections under Syariah Court Evidence (Federal Territories) Act 1997 or others Syariah Courts Evidence Enactments. However, due of lack of challenges on digital evidence cases in Syariah courts, the potential problems or obstacles of digital forensics evidence are unknown among the judges, lawyers and parties involved. Among the potential problems of admissibility and relevancy of digital forensics evidence are collecting evidence illegally, modifying evidence after it is in possession, deleting and editing any digital evidence data from the tools. Meanwhile digital data also changes moment by moment and invisible to the human eye and digital technologies are always changing so that forensic process can seldom be fixed for very long. Therefore this article aims to examine the potential problems of digital forensics evidence in Syariah courts based on the qualitative approach of literature reviews on the relevant articles, books, statutes and cases. By having a standard operating procedure (SOP), qualified digital forensics experts and effective digital forensic tools and analysis, they can resolve the problems and subsequently results the authenticated digital forensics evidence. |
| Databáze: | OpenAIRE |
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