E‐Shariah in Malaysia: technology adoption within justice system

Abstract

Purpose

The marriage between information and communication technology (ICT) and law has brought forward a significant change in the administration of justice. This paper aims to present the scenario of technology adoption in the court of law with special reference to Malaysia. It also aims to illustrate the intelligent use of technology to advance the pace of the administration of court reflected in w‐Shariah project in Shariah Court systems in Malaysia through various electronic applications, and finally propose an ICT adoption framework based on an information systems (IS) theory.

Design/methodology/approach

This research adopts a qualitative case study approach to explore the scenario of information technology (IT) adoption in the court of law in Malaysia through semi‐structured interviews, observation and document reviews. Data gathered provide an understanding of how technology is used in the court workflow as well as the whole life‐cycle management of records in Shariah Court. This case study covers the management of records in Shariah courts of Kuala Lumpur and Putrajaya. It involves personal observations on the whole life‐cycle of court room technology management.

Findings

Five e‐Shariah modules were applied in 110 Shariah courts in Malaysia in 102 locations nationwide, using the electronic government network called EG*Net. E‐Shariah applications managed to standardize work environment in Shariah courts and link all the business processes on a single channel. Case clearance rate has risen significantly since then.

Research limitations/implications

This research is limited to the electronic applications in Shariah Court system, the secondary legal system in Malaysia after the Civil Court system. It is suggested that the future research is done to the Civil Court system, to complement the current research; in order to have a complete IS perspective on the overall legal system in Malaysia.

Social implications

This paper proposed a technology adoption framework for electronic court management, which can be used by the policy makers for the enhancement of justice system. This research provides a foundation for practical technology adoption in courts.

Originality/value

This paper demonstrates how ICT allow for better management of court management within institutionalization theory. It presents various kind of technology adoption in courts, including video conferencing with high‐tech video presenters and monitors, recreation of crime scene, electronic filing system, electronic case management and electronic court records management and systematic information storage and retrieval system. It discusses the three isomorphic pressures (coercive, normative and mimetic) that influence the technology adoption process. A research framework is presented which is expected to benefit the policy makers and judicial practitioners.

Citation

Satirah Wan Mohd Saman, W. and Haider, A. (2013), "E‐Shariah in Malaysia: technology adoption within justice system", Transforming Government: People, Process and Policy, Vol. 7 No. 2, pp. 256-276. https://doi.org/10.1108/17506161311325396