Critical Analysis of Pakistani law of Electronic Evidence from the Perspective of Sharīʻah and English Law-Recommendations for Pakistan

Dr. Hafsa Abbasi; Dr. Summayah Rafique; Dr. Syed Naeem Badshah

Dr. Hafsa Abbasi Lecturer, Department of Law, Allama Iqbal Open University, Islamabad
Dr. Summayah Rafique Assistant Professor National University of Modern Languages Islamabad
Dr. Syed Naeem Badshah Chairman. Islamic Studies, The University of Agriculture Peshawar

Keywords: Electronic Evidence, Qanun-e-Shahadat, Sharīʻah, expert testimony

Abstract

This article claims that law of electronic evidence in Pakistan lags behind from two perspectives. First, it is quite primitive from the perspective of modern development in legal rules in other states. Secondly, since the primary source of law of evidence in Pakistan is Qanun-e-Shahadat Order 1984, which is based on Evidence Act 1872 (A British Empire’s legislation in Indo Pak subcontinent). So, law of evidence in Pakistan does not carry basic principles of Sharīʻah regarding testimony and evidence. This article is aimed at exploring the shortcomings of law of Pakistan from both perspectives. Areas that are mostly relevant in this regard shall be discussed, like, oral testimony, authentication of evidence, expert testimony, circumstantial evidence etc. in this article.

Author Biographies

Dr. Hafsa Abbasi, Lecturer, Department of Law, Allama Iqbal Open University, Islamabad

Lecturer, Department of Law, Allama Iqbal Open University, Islamabad

Dr. Summayah Rafique, Assistant Professor National University of Modern Languages Islamabad

Assistant Professor National University of Modern Languages Islamabad

Dr. Syed Naeem Badshah, Chairman. Islamic Studies, The University of Agriculture Peshawar

Chairman. Islamic Studies, The University of Agriculture Peshawar