1. Kebolehterimaan Keterangan Forensik dari Perspektif Maqāsid Syariah.
- Author
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YUSOF, SYAZWAN MOHD., RAJAMANICKAM, RAMALINGGAM, and HALIM, ASMA HAKIMAH AB.
- Subjects
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ADMISSIBLE evidence , *JUSTICE administration , *QUALITATIVE research , *RESEARCH libraries , *SCIENTIFIC method - Abstract
The use of qārinah as a method of evidence in Islam cannot be denied. In the era of science and technology, one of the popular forms of qārinah 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 maqāsid 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 qārinah in Islam. Islam accepts qārinah 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 maqāsid 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. [ABSTRACT FROM AUTHOR]
- Published
- 2019
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