Admissibility of Electronic Evidence in Islamic Law and US Law- Need for a New Corroboration Theory
Abstract
As the nature of civilization change with the passage of time, both in social and technological terms, the rules of legislatures must also change accordingly.” Electronic evidence has embedded deep into the roots of society. It requires a new corroboration theory for Islamic law accordingly. As electronic evidence possesses a different nature than physical evidence. Sometimes it is regarded as documentary evidence, sometimes as circumstantial evidence and sometimes as something purely dependent on technical opinion. Previously oral testimony had prime importance which was replaced with documentary evidence and now electronic records. These changes must be incorporated by Islamic law theories as well. In fact, there is a need to over howl previous principles of Islamic law and replace the new one’s which are appropriate and not repugnant to philosophy of Sharī‘ah. The present research shall try to slightly contribute to this important point.
Downloads
Published
How to Cite
Issue
Section
License
Authors who publish with Journal of Seerat Studies agree to the following terms:
Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License (CC BY-SA 4.0) that allows others to share the work with an acknowledgment of the work’s authorship and initial publication in this journal.
Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal’s published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.
Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.