Juridical Mapping of Section 70 of the Syariah Criminal Procedure (Federal Territories) Act 1997 [Act 560]: Implications for Syariah Criminal Offences in Cyberspace)

Abstract

Syariah criminal offences, once conventional in nature, have evolved in the modern era, often being associated with cybercrimes that transcend geographical boundaries. However, Syariah courts remain confined to their respective state jurisdictions, as stipulated under Schedule 2, Ninth Schedule of the Federal Constitution. This raises a critical question: are the existing legal provisions still relevant and effective in combating Syariah cybercrimes, or is there a need for legal reform? Accordingly, this study highlights the need to examine Section 70 of the Syariah Criminal Procedure (Federal Territories) Act 1997 [Act 560], along with relevant state enactments. A legal mapping method was adopted to explore the interconnection and applicability of current legal provisions in the context of cybercrime enforcement. To support this inquiry, a qualitative research design was employed. Data were collected through document analysis, and further analysed using qualitative content analysis through inductive and comparative approaches. The findings reveal that existing legal provisions under Section 70 of Act 560 require further specification and contextual application in addressing Syariah criminal offences committed in cyberspace. The study proposes the formulation of comprehensive guidelines, such as a Syariah Judicial Practice Direction, to create a uniform framework across various state jurisdictions. This would promote consistency, coordination, and enforcement of Syariah law in the face of contemporary cyber challenges.

Keywords: Syariah criminal offences, cybercrimes, jurisdiction of Syariah courts, Syariah Criminal Procedure Act, cybercrime enforcement, cyberspace

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