Kedudukan Keterangan Forensik dari Sudut Fiqh
Abstract
The Position of Forensic Evidence from the Perspective of Fiqh
Sharia law was formed based on the revelation of the Prophet Muhammad. The Quran explains the various fields include laws regarding crime, Islamic evidence, muamalah and so on. From the point of view of Islamic jurisprudence, qārinah is recognized as a method of proof in Islam. There are various methods of attestation accepted in Islam such as iqrār, shahadah and qārinah. In this context, qārinah was known as shawāhidul hāl includes forensic evidence. However, the question arises as to the compliance of forensic evidence from the point of view of fiqh. There are concerns about the understanding of legal practitioners in the context of forensic evidence positions in sharia courts. Therefore, this research aims to identify the position of forensic evidence from the perspective of fiqh and to analyze the forensic evidence position that is admissible in a shariah court based on al-Quran and al-Hadith. To achieve this objective, a qualitative research method was used. Data collection is done by two methods, namely library and document analysis. The findings show that forensic evidence is admissible as a form of evidence in court based on fiqh. Research also found that although there are verses from the Quran and al-Hadith about forensic evidence, the Shariah courts still favor traditional methods of proof, namely iqrar and shahadah. Therefore, the research proposes that the practitioners’ knowledge of the law be enhanced academically or practiced based to fiqh scriptures is admissible in sharia court and its acceptance does not conflict with Islamic law.
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ISSN 0126-5636 | e-ISSN : 2600-8556
Faculty of Islamic Studies
Universiti Kebangsaan Malaysia
43600 UKM Bangi, Selangor Darul Ehsan
MALAYSIA
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