STRENGTHENING THE INTEGRITY OF DIGITAL EVIDENCE IN SYARIAH CRIMINAL PROCEEDINGS: A FORENSIC–LEGAL ANALYSIS OF THE CHAIN OF CUSTODY (CoC)

The rapid development of digital technology has significantly transformed the methods of collecting, managing, and evaluating evidence in Syariah criminal proceedings in Malaysia. Electronic evidence—such as messages, digital images, CCTV recordings, metadata, and communication logs—has become an increasingly primary source in the investigation and prosecution of Syariah offences. However, its volatile, easily altered, and highly manipulable nature raises serious concerns regarding authenticity, reliability, and overall evidentiary integrity. The absence of specific statutory provisions on digital evidence under the Syariah Court Evidence Act 1997 [Act 561] further creates a regulatory gap that heightens the potential for shubuhāt (doubt) during the evidentiary process. This article examines how the Chain of Custody (CoC) for digital evidence can serve as an effective forensic–legal framework to enhance the integrity of electronic evidence in Syariah criminal proceedings. Employing a qualitative approach through doctrinal analysis of legal documents and related literature, the study organises its findings according to key analytical themes. The results indicate that the CoC provides a robust scientific and procedural foundation to ensure that digital evidence is handled transparently, accountably, and free from risks of manipulation. The principles underpinning the CoC also align with the Syariah requirements of thubut (certainty of proof), amanah (proper preservation and stewardship of evidence), and ‘adl (justice), thereby making it a relevant mechanism for enhancing the admissibility and probative strength of digital evidence before the Syariah courts. This study contributes to strengthening the evidentiary framework in Syariah law by offering a scientific, forensic, and legal basis for more organised, consistent, and integrity-focused management of digital evidence. The findings further open avenues for the development of Syariah Digital Evidence Guidelines, capacity-building in digital forensic skills among enforcement officers and prosecutors, and further research into automated evidence management mechanisms within the Syariah judicial ecosystem.