Jurisprudential study of electronic proceedings and its pathology

Abstract

Review:Today, due to the rapid growth of technology and the benefits of using it, most advanced societies have resorted to the use of e-litigation in their judiciary; our country is no exception, especially after the outbreak of coronavirus to maintain health and other rights of the people The litigation has become more prominent than before in e-litigation. That it is a new thing and has no history in the past, so it faces jurisprudential challenges, because the Islamic trial in our judicial system has its own rules and in the era of legislation, such a trial was not common.Some jurists have not accepted remote testimony and even written testimony, whether electronic or otherwise, others have issued a fatwa on the need to confess to a judge, given that the UAE also plays an important role in court proceedings and very little in electronic proceedings. Therefore, these matters face serious challenges in e-jurisprudence from a jurisprudential point of view.Due to the relatively high tendency in our country to use e-litigation, in this article we examine the legal jurisprudential challenges facing this type of litigation in our judicial system.

Keywords

• electronic proceedings
• written testimony
• physical presence
• electronic confession