Acceptance and Validation of E-Kitabah in Evidence According to Islamic Legislation in Malaysia

The rapid development of technology has had a significant impact on various aspects of life. This development has also caused a paradigm shift in the traditional method of documentation, particularly in the realm of evidence presentation. Previously, documentation was limited to tools such as pens, paper, and the like, but now, there is a new form known as electronic documentation or 'E-Kitabah.' In fact, documentation is considered one of the most widely used forms of evidence in courts, whether in Civil or Sharia Courts. The use of E-Kitabah as a method of evidence has become quite prevalent in the Civil Courts in Malaysia. However, the situation differs in Sharia Courts, where there are issues surrounding the acceptance of electronic documentation as a valid method of proof. The absence of comprehensive guidelines or Standard Operating Procedures (SOPs) in the acceptance and storage of electronic documentation adds skepticism to the use of E-Kitabah in Sharia Courts. This writing aims to explore the acceptance and validation of E-Kitabah in legal proceedings according to Islamic legislation in Malaysia. To achieve the research objective, in addition to referring to written references, the author also conducted semi-structured interviews with relevant stakeholders. The results of this study indicate an urgent need to establish a model or specific guidelines for the acceptance and storage of E-Kitabah. Standard guidelines will provide confidence to the courts regarding the security of E-Kitabah data, preventing manipulation, and ensuring its acceptance as a reliable method of evidence.