Admissibility of Forensic Evidence from the Perspective Maqasid Shariah

被引:1
作者
Yusof, Syazwan Mohd [1 ]
Rajamanickam, Ramalinggam [1 ]
Ab Halim, Asma Hakimah [1 ]
机构
[1] Univ Kebangsaan Malaysia, Fak Undang Undang, Bangi 43600, Selangor Darul, Malaysia
关键词
Forensic evidence; fiqh; maqasid syariah; qarinah; syariah court;
D O I
10.17576/akad-2019-89SI2-11
中图分类号
C [社会科学总论];
学科分类号
03 ; 0303 ;
摘要
The use of qarinah as a method of evidence in Islam cannot be denied. In the era of science and technology, one of the popular forms of qarinah in courts is forensic evidence. This evidence is derived from the use of scientific methods and techniques by experts. In this regard, the question often arises in the syariah courts as to whether the forensic evidence adduced in courts as evidence adheres to the fiqh and maqasid syariah aspects. Therefore, this article aims to identify the position of forensic evidence from the fiqh point of view as well as to analyze the position of admissibility of forensic evidence in the syariah court from the perspective ofmaqasid syariah. To achieve the objectives, this article employs a qualitative research method. Data collection is done by two methods, namely library research and document analysis. This article has finds that forensic evidence is a form of circumstantial evidence or known as qarinah in Islam. Islam accepts qarinah as a form of proof in Islamic jurisprudence recognized by syarak. In addition, this article also finds that forensic evidence can indeed be admitted as a form of evidence in syariah courts from the perspective of fiqh and maqasid syariah. Therefore, forensic evidence should be admitted by syariah courts as a form of proof in the modern times because its position is recognized in Islam and it can assist in the administration of justice.
引用
收藏
页码:117 / 127
页数:11
相关论文
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