ENGLISH-5 Principles of Electronic Evidence in Sharī‘Ah and Law-A Comparative Study

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.