Forms of document falsification in Malaysia’s Syariah courts

Documents including old and outdated ones have come to be a vital meeans of proving evidence as long as the features are legible and permanent .This opens the door for document forgery or falsification. This article examined the the forms of document falsification in Malaysia’s Syariah courts as p...

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Main Author: Wan Abdul Fattah Wan Ismail
Format: Article
Language:English
Published: Faculty of Social Sciences and Humanities, UKM,Bangi 2015
Online Access:http://journalarticle.ukm.my/9142/1/4x.fullgeo-sept15-wanfattah-edam.pdf
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author Wan Abdul Fattah Wan Ismail,
author_facet Wan Abdul Fattah Wan Ismail,
author_sort Wan Abdul Fattah Wan Ismail,
collection UKM
description Documents including old and outdated ones have come to be a vital meeans of proving evidence as long as the features are legible and permanent .This opens the door for document forgery or falsification. This article examined the the forms of document falsification in Malaysia’s Syariah courts as perceived by 181randomly and purposeful sampled syarie judges, syarie officers, syarie lawyers, lecturers and syariah and law students, and forensic experts, Syariah and Civil Practitioners practitioners in Selangor, Negeri Sembilan, and Federal Territory of Kuala Lumpur and Putrajaya. The study found signature forgeries and factual alterations of medical certificates to be the most prevalent forms of document falsification. They were unpredictable and vared with time and opportunity. Such incidence of falsification was perceived as moderate by respondents. Interestingly, the Syariah courts had not given much attention to the document falsification when it is clear that this would impair judgements and decisions. It is time that a complete forensic model on document falsification, in line with principles of Islamic law, should be developed for the Syariah courts to serve as guidelines for Syariah legal practitioners and judges.
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spelling ukm.eprints-91422016-12-14T06:49:06Z http://journalarticle.ukm.my/9142/ Forms of document falsification in Malaysia’s Syariah courts Wan Abdul Fattah Wan Ismail, Documents including old and outdated ones have come to be a vital meeans of proving evidence as long as the features are legible and permanent .This opens the door for document forgery or falsification. This article examined the the forms of document falsification in Malaysia’s Syariah courts as perceived by 181randomly and purposeful sampled syarie judges, syarie officers, syarie lawyers, lecturers and syariah and law students, and forensic experts, Syariah and Civil Practitioners practitioners in Selangor, Negeri Sembilan, and Federal Territory of Kuala Lumpur and Putrajaya. The study found signature forgeries and factual alterations of medical certificates to be the most prevalent forms of document falsification. They were unpredictable and vared with time and opportunity. Such incidence of falsification was perceived as moderate by respondents. Interestingly, the Syariah courts had not given much attention to the document falsification when it is clear that this would impair judgements and decisions. It is time that a complete forensic model on document falsification, in line with principles of Islamic law, should be developed for the Syariah courts to serve as guidelines for Syariah legal practitioners and judges. Faculty of Social Sciences and Humanities, UKM,Bangi 2015 Article PeerReviewed application/pdf en http://journalarticle.ukm.my/9142/1/4x.fullgeo-sept15-wanfattah-edam.pdf Wan Abdul Fattah Wan Ismail, (2015) Forms of document falsification in Malaysia’s Syariah courts. Geografia : Malaysian Journal of Society and Space, 11 (9). pp. 32-39. ISSN 2180-2491 http://www.ukm.my/geografia/v2/index.php?cont=a&item=2&thn=2015&vol=11&issue=9&ver=loc
spellingShingle Wan Abdul Fattah Wan Ismail,
Forms of document falsification in Malaysia’s Syariah courts
title Forms of document falsification in Malaysia’s Syariah courts
title_full Forms of document falsification in Malaysia’s Syariah courts
title_fullStr Forms of document falsification in Malaysia’s Syariah courts
title_full_unstemmed Forms of document falsification in Malaysia’s Syariah courts
title_short Forms of document falsification in Malaysia’s Syariah courts
title_sort forms of document falsification in malaysia s syariah courts
url http://journalarticle.ukm.my/9142/1/4x.fullgeo-sept15-wanfattah-edam.pdf
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