Tuan Ibrahim, Tuan Muhammad Faris Hamzi
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Online Gambling: A Comparative Analysis Under Civil and Syariah Law in Malaysia Tuan Ibrahim, Tuan Muhammad Faris Hamzi; Nor Muhamad, Nasrul Hisyam; Baharuddin, Ahmad Syukran
Brawijaya Law Journal Vol. 12 No. 2 (2025): The Evolution of International Humanitarian Law : Historical Roots to Future D
Publisher : Faculty of Law, Universitas Brawijaya

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Abstract

The rapid development of digital technology and the widespread accessibility of the internet have transformed the gambling landscape in Malaysia. However, the legislation governing gambling under both civil and Syariah contexts was enacted during a pre-internet era, rendering it less effective and increasingly irrelevant in addressing contemporary challenges. Consequently, online gambling has emerged as a critical issue that is becoming increasingly difficult to regulate. This study aims to analyse the differing approaches of civil and Syariah law towards online gambling in Malaysia, as well as to identify the enforcement challenges faced by both legal systems. The methodology of this study adopts a qualitative doctrinal design through inductive and comparative approaches. Data were collected through document analysis of statutory provisions, court cases, and relevant literature. The findings of this study indicate that civil law tends to regulate gambling through licensing and stringent controls, permitting licensed gambling activities as provided under the Common Gaming Houses Act 1953 and the Lotteries Act 1952. However, civil law faces challenges in regulating online gambling, as the existing legal framework is primarily focused on physical gambling activities. This study argues for the reform of the Common Gaming Houses Act 1953 through an amendment to Section 2 (Interpretation), explicitly extending the meaning of “gaming” to include digital and online activities. In contrast, Syariah law absolutely prohibits gambling for Muslims, in accordance with Islamic teachings. Although nearly all states have enacted Syariah legislation prohibiting gambling, including online gambling, enforcement faces significant challenges such as technological limitations However, both legal systems play complementary roles in addressing online gambling: civil law regulates it through federal control, while Shariah law enforces its moral prohibition within Islamic jurisdiction. This study also recommends further research to enhance the legal framework governing online gambling, including leverage modern technologies to strengthen the enforcement of laws against online gambling in Malaysia.
The Role of Digital Forensics as Qarinah Muasirah in Proving Cyber Offences Under Malaysian Islamic Evidence Law Tuan Ibrahim, Tuan Muhammad Faris Hamzi; Nasrul Hisyam Nor Muhamad; Mohamad Aniq Aiman Alias; Ahmad Syukran Baharuddin
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026): In Press
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.14738

Abstract

The rise of cybercrime cases such as online gambling (al-maysir) and zina through digital platforms poses an unprecedented challenge to the classical evidentiary structure in Islamic criminal law. Traditional evidentiary methods (wasail al-ithbat) such as iqrar and shahadah are increasingly difficult to apply, especially in digital crime cases without physical interaction or direct witnesses. As a response to this evidentiary gap, digital forensics, which is based on validated scientific procedures, offers a reliable approach through the process of identifying, preserving and analyzing digital evidence. This study aims to examine how this digital forensic method can be recognized and integrated within the framework of Islamic criminal law, specifically as a valid form of qarinah (circumstantial evidence) according to the principles of syariah evidence. This study uses a qualitative approach through document analysis that includes primary and secondary sources. Data were examined through qualitative content analysis using inductive approach. In addition, analogical reasoning was employed to bridge digital forensic evidence with classical concepts of qarinah derived from the Qur'an and hadith. This integrated approach allows for a critical synthesis between Islamic evidentiary principles and modern digital forensic methodologies. This study finds that digital evidence through forensic procedures is capable of providing strong evidentiary value within the framework of Islamic evidence law. These evidentiary forms conceptually correspond to the classical Islamic notions of qarinah through al-'alamat and al-amarat, which function as recognised indicators of criminal conduct. The findings also reveal that the logic underlying Locard’s Exchange Principle, which affirms that every action leaves a trace is not foreign to Islamic legal reasoning. In Malaysian legal system, The Syariah Court Evidence Act 1997 [Act 561] and Syariah Court Practice Directions issued by the Department of Syariah Judiciary Malaysia (JKSM) provide a normative basis for admitting digital evidence as means of proof. Relatively, the integration of digital forensics into the framework of Islamic evidence law upholds the dynamic capacity of the Syariah to uphold the maqasid Syariah. However, the study identifies notable procedural and institutional limitations where religious enforcement officers lack digital forensic expertise and existing directives such as the 2007 Standing Instruction and Practice Direction No. 4 of 2020 remain general, outdated and lack of technical or verification standards for digital evidence.