Digital Courts and Their Effectiveness from the Islamic Perspective

Abstract

This study examines the effectiveness of digital courts in achieving justice from an Islamic, purposive perspective that considers the preservation of rights, the alleviation of hardship, and the maintenance of public order, through conceptual, theoretical, and applied analysis. The study employs two integrated methodologies: an analytical-normative approach to clarify the Sharia-compliant controls and the value framework governing technological means in the judiciary, and a comparative approach to identify the advantages and challenges of digital courts in modern systems and compare them with the objectives of Sharia. The study addresses several key areas: defining digital courts and distinguishing them from the digitization of partial procedures; measuring effectiveness through indicators of speed, cost, accessibility, transparency, and service continuity; grounding the Sharia position in the principles of jurisprudence and its objectives; establishing practical Sharia-compliant controls that include procedural fairness, identity verification, privacy protection, evidentiary reliability, and the avoidance of harm; and analyzing the structural, organizational, and ethical challenges. It concludes that digital transformation in the judiciary is permissible and necessary to the extent that it achieves benefit and averts harm, and that its success in accordance with Sharia law depends on precise legislation, a secure infrastructure, and procedural provisions that prevent digital discrimination and guarantee the right to defense.