ADMISSIBILITY OF COMPUTER EVIDENCE IN ISLAMIC LAWAND COMMON LAW: A PRELIMINARYANALYSIS

Abstract

Computer technology and its various applications have come to pervade all walks of life — be it social media, economy, higher studies, e-commerce etc., Common law principles on computer evidence are going through rapid change due to change in technologies and increasing use of electronic evidence in court. Islamic law also lays down very strong evidential principles for electronic evidence. Electronic evidence is treated as documentary and circumstantial evidence. In both the cases (when it is documentary or circumstantial evidence), it is admissible in civil cases. But its use is limited in criminal cases. That is, ×udËd and QiÎÉÎ cases cannot be decided solely on the basis of electronic evidence, unless corroborated by other evidences. Islamic law does not provide rules for electronic evidence, but it does provide important general principles, that can be used to test the standards advocated by modern law. The present research shall explore the principles of Islamic law for electronic evidence in the areas of documentary (al-KitÉbah) and circumstantial evidence (QarÊnah). Then KitÉbah or QarÊnah, are discussed to ascertain standards of SharÊ‘ah in civil and criminal cases.