Electronic Litigation and Its Effect on Judicial Justice from the Perspective of Sharīʿah

This study aims to examine the concept of e-litigation, its legitimacy, and its effect on judicial justice. To achieve this, the study first defines e-litigation, its origins, its legal basis in Sharīʿah (Islamic law), and the requirements for its implementation. It then highlights the main reasons necessitating recourse to e-litigation as well as its positive and negative implications for the realization of judicial justice. The study adopts both the inductive and analytical methods. The findings reveal that e-litigation relies on modern electronic means in all stages of litigation, including the conduct of trial sessions and the issuance of judgments. Moreover, the study concludes that when implemented in accordance with its requirements and conditions, e-litigation does not compromise judicial justice, which represents one of the essential aims and higher objectives of Islamic law (Maqāṣid al-Sharīʿah). The study further recommends the development of legislation and regulations governing e-litigation, alongside enhancing the capacity of judicial personnel and others involved in the legal process.