E-Shariah: Information and Communication Technologies for Shariah Court Management

Abstract

This paper, written by Wan Satirah Wan Mohd Saman and Abrar Haider, presents a case study of E-Shariah and discusses the application of information and communication technologies in the administration of Shariah Courts in Malaysia. The technologies have two roles in the administration of Shariah courts; firstly, these technologies enable the workflow of the courts and facilitate information management, and secondly they are used to integrate State Shariah Courts in various jurisdictions of Malaysia. The case study highlights the issues and challenges faced during implementation of this initiative and provides an appreciation of how effectively technology has been used to help Shariah Courts dispense speedy justice. PREFACEIn the law courts, jurists depend on the speed with which complete, authentic, credible information and records are available in order to reach a conclusive decision in a timely manner. However, the importance of quality, integrity and security of court records cannot be underestimated either. This is why courts in countries around the world have invested in information and communication technologies to create a technically sound, organisationally competent, and financially economical environment for faster access to quality information. This paper presents a case study of E-Shariah and discusses the application of information and communication technologies in the administration of Shariah Courts in Malaysia. The technologies have the two roles in the administering of Shariah courts; firstly, these technologies enable the workflow of the courts and facilitate information management, and secondly they are used to integrate State Shariah Courts in various jurisdictions of Malaysia, as well as government agencies, like the Ministry of Home Affairs, the Immigration Department Prison Department and with Shariah courts. This integration provides for the standardisation of practice and technology and at the same time provides jurists with a one-stop solution for consultations regarding interpretations of Shariah law and the derivation of precedents in the light of decisions taken before. Here, the role of technology extends from mere record management technology to business intelligent-oriented decision support tools. The case study highlights the issues and challenges faced during implementation of this initiative and provides an appreciation of how effectively technology has been used to help Shariah Courts dispense speedy justice.

The Potential of E-Filing in Cases Involving Family Matters in Malaysian Courts

“…Another significant advantage of the e-filing system is the reduction of paper usage. Traditional filing systems require a substantial quantity of paper, which can be expensive, time-consuming, and harmful to the environment [26]. E-filing eliminates the need for physical paper files, thereby reducing expenses and contributing to a more sustainable environment.…”

“…The widespread adoption of e-filing in Malaysian courts has been instrumental in enhancing the effectiveness of the legal system [26]. E-filing has decreased the time and effort required to file and manage legal documents and pleadings, making it simpler for both attorneys and litigants to access the court system [31].…”

“…It is emphasised that there are distinct potential benefits and problems where cultural, institutional, and technological elements intersect. Empirical evidence and the lack of welldefined norms present chances to expand the impact and feasibility of adopting e-filing in Malaysian family court cases [27].…”

Application of Artificial Intelligence in Improving Judicial Case Flow Management System in Pakistan: A Qualitative Study

“…Kiosk systems were used to register attendance of lawyers and litigants by Queue Management System. (Zain, Saman & Yatin 2017;Munirah, 2014;Keong 2017;Saman & Haider 2011;Saman & Haider 2013).…”

Necessity of Online Dispute Resolution (ODR) in Family Matters and Legal Implementation of Online Court System

“…Therefore, precedents from Superior Courts as well as references to legal sources are available in online court documents. (Saman and Haider, 2013) Additionally, as a result of increased public literacy and technological knowledge, the usage of ICT in the online court system is growing daily. It is imperative that the government create a 24/7 online court system while also automating its administrative and business processes in the era of 4G internet and ICT (Zain et al, 2018).…”