Analysis on Admissibility of DNA Evidence in Malaysian Syariah Courts

Shariff, Ahmad Azam Mohd; Azhar, Alias; Rajamanickam, Ramalinggam; Manap, Nazura Abdul; Hussein, Safinaz Mohd; Said, Mamot; Halim, Asma Hakimah Ab; Markom, Ruzian

doi:10.36941/ajis-2019-0050

Cited by 4 publications

(3 citation statements)

References 1 publication

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“…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. Furthermore, the discussion of DNA evidence as one form of al-qarinah also has been discussed by Shariff et al (2019). In this study, the authors mention the relevance and admissibility of DNA as a means of proof under the legal provisions of Syariah.…”

Section: Analysis Of Articles From the Final Screening Resultsmentioning

confidence: 94%

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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Section: Analysis Of Articles From the Final Screening Resultsmentioning

confidence: 94%

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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show abstract

“…Thus, in order to ensure the admissibility of DNA evidence, care and attention must be given to the manner in collecting and tendering of the DNA evidence during the investigation and trial respectively. This is closely connected to the concept of the relevance of evidence, probative value, chain of evidence, and custody of the said evidence (Shariff et al, 2019). If all the above protocols are carefully observed, DNA will be admissible as evidence to form a judgment of the case.…”

Section: Dna As Qarinah (Circumstantial Evidence) Of An Out Of Wedloc...mentioning

confidence: 98%

“…Upon concluding the collection of the samples stage, a syarie prosecutor may, by virtue of section 33 of the Syariah Court Evidence (State of Selangor) Enactment 2003, tender the DNA evidence during the trial through the oral testimony of an expert (medical officer or DNA analyst) and also the religious enforcement officer who was involved in the collection of samples. The oral testimony is corroborated with the documentary evidence in the form of the analysis report of the DNA samples (Shariff et al, 2019). The syarie prosecutor, must ensure that every witness and documentary evidence tendered comply with the rules on relevancy, probative and corroborative value, chain, and custody of the DNA evidence.…”

Section: Dna As Qarinah (Circumstantial Evidence) Of An Out Of Wedloc...mentioning

confidence: 99%

Evidence and Prosecution of Out-of-Wedlock Pregnancies: A Legal Perspective of Syariah Criminal Offences in Malaysia

Bahori

Rashid

Yahya

et al. 2023

UUM Journal of Legal Studies

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The issue of illegitimate pregnancies is worrying and births out of wedlock are rampant in Malaysia. These concerns are not exclusive to Malaysia however, as typically, developing countries encounter similar problems. Workable data or statistics on adultery are nearly impossible to obtain as the perpetrator would be unlikely to plead guilty, unless there are reliable witnesses willing to testify and help the prosecution. However, data on out of wedlock pregnancies and illegitimate births in Malaysia are certainly considered essential indicators of acts of fornication. Apart from from the incidences of rape, acts of voluntary sexual intercourse also contribute to both pregnancies and the birth of illegitimate children. Against this backdrop, the prsent paper aims to analyse the relevant syariah criminal laws related to premarital pregnancies. The areas of interest are issues on the allocation of funds, nature of punishment, extent of prosecution, and incriminating evidence required under the Syariah Criminal Offences (SCO) Enactments of states in Malaysia. This study has adopted a qualitative method by obtaining data through analyses of documents pertaining to the Syariah Criminal Offences (SCO) Enactments of Malaysian states, books, and academic journals. This study finds that not all states have provisions for extramarital affairs. In fact, prosecutions in Syariah Courts for out of wedlock pregnancies are very fewcompared tothe number of illegitimate births. Inaddition, the existing provisions under the SCO are sufficient to handle cases of out of wedlock pregnancies and illegitimate births. In facing this reality, effective laws are obligatory, on top of the need to refine the existing provisions and develop the Islamic legal andjudicial system in Malaysia.

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Taking of biological samples for expertise under the legislation of Ukraine and its conformity with EU standards

Rohalska

Bronevytska

Boreiko³

et al. 2021

JNALSU

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The analysis of investigative and judicial practice shows that some lawyers regard the refusal of a person to provide voluntarily biological samples for examination as an execution of his/her right not to testify against him/herself. Analysis of the provisions of separate Judgements of the European Court on Human Rights allows us to conclude that the physical integrity of a person is covered by the concept of “private life” protected by Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and concerns the most intimate aspects of private life, and compulsory medical intervention, even insignificant, constitutes an interference with this right. Therefore, the criminalprocedural characteristic of obtaining of biological samples for expertise is given in the article. The authors analyzed and answered the questions: which particular samples should be attributed to biological ones, and whether it is possible to refuse to voluntarily granting of biological samples for examination in accordance to the realization of the right not to testify against him/herself. The possibility of obtaining of biological samples for examination from a person who is not a party to criminal proceedings or has not acquired procedural status has been considered. The article as well deals with the legality of obtaining of samples for examination before submitting information into the Unified Register of Pre-trial Investigations. The algorithm of actions of obtaining of biological samples for examination, including the compulsory order, is proposed. The following general scientific research methods were used: the dialectical method of legal phenomena, with the help of which the concept and the legal nature of biological samples for examination were studied; the comparative method – in the process of comparing the norms of the Criminal Procedural Code of Ukraine (CPC) with the norms of the European Court of Human Rights (ECHR) and decisions of the ECHR, etc.

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Analysis on Admissibility of DNA Evidence in Malaysian Syariah Courts

Cited by 4 publications

References 1 publication

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

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

Evidence and Prosecution of Out-of-Wedlock Pregnancies: A Legal Perspective of Syariah Criminal Offences in Malaysia

Taking of biological samples for expertise under the legislation of Ukraine and its conformity with EU standards

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