Purpose of the study: This article focuses on a few issues namely the most common form of forgery that occurred especially in Syariah Court Islamic judicial institutions (or better known as Syariah courts) in Malaysia and the extent of respondents’ knowledge on the method used in verifying the authenticity of document that meets the Syariah requirement. Methodology: Research information has been obtained through the quantitative method and from respondents consists of 78 lecturers of Syariah law and 103 practitioners who involve directly in the legislation of Syariah Court in Federal Territories (Putrajaya, Kuala Lumpur and Labuan), Selangor and Negeri Sembilan. Main Findings: The result shows that the forms of forgery are changing in accordance with time and facilities. Based on the respondents’ perception, the most common form of document falsification is a forgery of a medical certificate and the least is a forgery of the grant of ownership (property/transportation). Besides, the knowledge of Syariah law practitioners on fraud in a document is at a moderate level. Applications of this study: This study is significant to understand the issue of fraud in documents and eventually suggests the relevant ways to counter the matters in the future. The ability of Islamic judicial institutions to be adaptive for such challenges is essential to reduce the disorderly pile of cases involving fraud, especially in the Syariah courts. Novelty/Originality of this study: The research found that it is crucial for the Syariah law practitioners to raise and upgrade their ability to deal with fraud cases in the document to increase the public confidence towards the Syariah judiciary.
Deoxyribonucleic acid (DNA) benefits human life in various aspects. Islamic history has proven that the practice of proving a case through DNA has been carried out as early as the time of the Prophet Joseph (p.b.u.h.) and the time of the Prophet Muhammad (p.b.u.h.). A lot of efforts have been done to introduce evidence through DNA in the Syariah Court. However, there are some important issues that must be addressed by various parties in Malaysia before starting to apply the DNA evidence in the Syariah Court. This study was conducted to identify important issues that require attention in the realization of the use of DNA evidence in the Syariah Court. This qualitative study employed socio-legal and library-based research in collecting primary and secondary data. Then, the data have been analyzed by using content analysis method through inductive and deductive reasoning. This study found five issues that need to be addressed namely the knowledge and understanding of shariah officers in regard to the DNA, the need to establish Syariah Forensic Laboratory, the suspect's reluctance to provide his DNA sample for DNA analysis, DNA forensic expert qualification as an expert witness in Syariah Court, and the evidential value of DNA in Syariah Court. This study concludes that these issues require effective and practical solution for the effort to bring DNA evidence to be successfully carried out.
A third party’s intervention has been one of the most significant factors in Malaysian divorce cases. Third parties may come from family members and non-family members. This interference is called takhbīb. Within the scope of Malaysian Syariah criminal law, tahkbib is regarded as a criminal offence. However, it is difficult to prove this criminal offence. None of the Syariah law journals reported cases that could be used as reference or case studies. This article proposes a method of proof, which is practical and can be carried out in the Syariah courts to prove the criminal offence of takhbīb. In gathering and compiling the necessary data and related materials, this qualitative study embraced document analysis as a research method. These data are inductively evaluated by implementing qualitative content analysis. This study showed several obstacles in the development of a prima facie prosecution by the Syarie Public Prosecutor, including the absence of eyewitnesses present as evidence. Third-party intrusion is commonly committed through social networks such as WhatsApp, Telegram, WeChat, and Facebook Messenger. The use of such media networks as a medium of contact may also be brought as part of the evidence before the Syariah courts. The best mechanism to be implemented in this case is by using digital forensics and expert opinion. The digital forensic investigator will track or archive the communications from the social media, and deliver them in the form of a written text. In terms of proving the commission of takhbīb criminal offence, this study contributes to the improvement of the Syariah legal system. In short, the law still provides a method of proving criminal offences. Any legal practitioner should make good use of statutory provisions instead of suggesting amendments to it.
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