Al-Qarinah: antara Kekuatan dan Keperluan dalam Mensabitkan Kesalahan Jenayah (Zina)

Mutalib, Lukman Abdul; Ismail, Wan Abdul Fattah Wan

doi:10.24035/ijit.02.2012.004

Cited by 6 publications

(2 citation statements)

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“…Concerning the probative value of forensic evidence, this study agrees with the previous studies stated that it should be qarīnah al-qāṭiʿah Haneef, 2006Haneef, , 2007Muhamad et al, 2015;Mutalib & Ismail, 2012). Qarīnah al-Qāṭiʿah is defined as convincing circumstances (Haydar, 1991;Sayfuddin et al, 1968), or clear circumstances to a convincing point (Ibnu 'Abidin, 1992;Ibnu Nujaym, 1997).…”

Section: The Probative Value Of Forensic Evidencesupporting

confidence: 89%

Forensic Evidence as a Mean of Proof in Developing Prima Facie Case in Takhbib Criminal Offence

Ahmad

Baharuddin

Hashim

et al. 2022

UUM Journal of Legal Studies

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A third party’s intervention has been one of the most significant factors in Malaysian divorce cases. Third parties may come from family members and non-family members. This interference is called takhbīb. Within the scope of Malaysian Syariah criminal law, tahkbib is regarded as a criminal offence. However, it is difficult to prove this criminal offence. None of the Syariah law journals reported cases that could be used as reference or case studies. This article proposes a method of proof, which is practical and can be carried out in the Syariah courts to prove the criminal offence of takhbīb. In gathering and compiling the necessary data and related materials, this qualitative study embraced document analysis as a research method. These data are inductively evaluated by implementing qualitative content analysis. This study showed several obstacles in the development of a prima facie prosecution by the Syarie Public Prosecutor, including the absence of eyewitnesses present as evidence. Third-party intrusion is commonly committed through social networks such as WhatsApp, Telegram, WeChat, and Facebook Messenger. The use of such media networks as a medium of contact may also be brought as part of the evidence before the Syariah courts. The best mechanism to be implemented in this case is by using digital forensics and expert opinion. The digital forensic investigator will track or archive the communications from the social media, and deliver them in the form of a written text. In terms of proving the commission of takhbīb criminal offence, this study contributes to the improvement of the Syariah legal system. In short, the law still provides a method of proving criminal offences. Any legal practitioner should make good use of statutory provisions instead of suggesting amendments to it.

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Section: The Probative Value Of Forensic Evidencesupporting

confidence: 89%

Forensic Evidence as a Mean of Proof in Developing Prima Facie Case in Takhbib Criminal Offence

Ahmad

Baharuddin

Hashim

et al. 2022

UUM Journal of Legal Studies

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“…According to Muhamad et al (2015), the importance of using this kind of qarinah in qisas and hudud is discussed. The study also was conducted by Mutalib and Wan Ismail in 2012. The Syariah court should accept the new types of evidence such as deoxyribonucleic acid (DNA) test and fingerprints to convict the person who committed adultery.…”

Section: Analysis Of Articles From the Final Screening Resultsmentioning

confidence: 99%

A Systematic Analysis on the Admissibility of Digital Documents as Evidence in Malaysian Syariah Courts

Ismail¹,

Baharuddin

Mutalib

et al. 2021

JSSH

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Digital document is a relatively new form of evidence, particularly for use in the Malaysian Syariah courts. This scenario contrasts with civil courts, which started using digital documents in court proceedings as early as the 1950s. The use of the digital document as evidence is intended to strengthen other methods of proof further. However, the Syariah courts are still less exposed to a new proofing method because there are no specific provisions according to Islamic law to allow it. Not only that, but Syariah law practitioners are also rarely exposed to cases related to the use of digital documents. Therefore, this qualitative study will analyse the admissibility of the digital document as evidence under Islamic law through a systematic analysis. This study uses the PRISMA methodology with the range of data stored on the web at www.scopus.com and http://myjurnal.my, which brings together thousands of scientific writings worldwide. The final screening results found a total of 21 articles that discussed the practice of digital documents as evidence under Islamic law. Furthermore, from the final filter, the researchers found several works of literature that previously discussed the usage of digital documents as evidence in a trial proceeding, which indirectly shows that the Syariah court has begun to accept this type of evidence. It is expected that the results of this study will assist legal practitioners in the Syariah court and become a reference point for researchers, academics and the public in Malaysia.

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Analisis Awal Terhadap Isu-Isu Kebolehterimaan Asid Deoksiribonukleik DNA Sebagai Bahan Bukti di Mahkamah Syariah (Preliminary Analysis of Admissibility Issues of Deoxyribonucleic Acid DNA as Evidence in Syariah Court)

Ahmad

Razak

Saharudin

et al. 2019

UMRAN

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Deoxyribonucleic acid (DNA) benefits human life in various aspects. Islamic history has proven that the practice of proving a case through DNA has been carried out as early as the time of the Prophet Joseph (p.b.u.h.) and the time of the Prophet Muhammad (p.b.u.h.). A lot of efforts have been done to introduce evidence through DNA in the Syariah Court. However, there are some important issues that must be addressed by various parties in Malaysia before starting to apply the DNA evidence in the Syariah Court. This study was conducted to identify important issues that require attention in the realization of the use of DNA evidence in the Syariah Court. This qualitative study employed socio-legal and library-based research in collecting primary and secondary data. Then, the data have been analyzed by using content analysis method through inductive and deductive reasoning. This study found five issues that need to be addressed namely the knowledge and understanding of shariah officers in regard to the DNA, the need to establish Syariah Forensic Laboratory, the suspect's reluctance to provide his DNA sample for DNA analysis, DNA forensic expert qualification as an expert witness in Syariah Court, and the evidential value of DNA in Syariah Court. This study concludes that these issues require effective and practical solution for the effort to bring DNA evidence to be successfully carried out.

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Al-Qarinah: antara Kekuatan dan Keperluan dalam Mensabitkan Kesalahan Jenayah (Zina)

Cited by 6 publications

References 0 publications

Forensic Evidence as a Mean of Proof in Developing Prima Facie Case in Takhbib Criminal Offence

Forensic Evidence as a Mean of Proof in Developing Prima Facie Case in Takhbib Criminal Offence

A Systematic Analysis on the Admissibility of Digital Documents as Evidence in Malaysian Syariah Courts

Analisis Awal Terhadap Isu-Isu Kebolehterimaan Asid Deoksiribonukleik DNA Sebagai Bahan Bukti di Mahkamah Syariah (Preliminary Analysis of Admissibility Issues of Deoxyribonucleic Acid DNA as Evidence in Syariah Court)

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