Qarinah: Admissibility of Circumstantial Evidence in Hudud and Qisas Cases

Muhamad, Mohd Munzil; Shariff, Ahmad Azam Mohd; Rajamanickam, Ramalinggam; Rahman, Mazupi Abdul; Zahid, Anowar; Ismail, Noorfajri

doi:10.5901/mjss.2015.v6n2p141

Cited by 6 publications

(5 citation statements)

References 1 publication

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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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“…It is a valid form of evidence in line with Sharia principles of evidence. Moreover, it can be employed even in cases involving hudud and qisas offenses (Admissibility of Circumstantial Evidence in Shariah and Pakistani Legal System | Zia e Tahqeeq, 2022;Muhamad et al, 2015). Today, it's untenable to disregard forensic evidence, which is a form of circumstantial evidence, from a case (Kiely, 2005).…”

Section: Discussionmentioning

confidence: 99%

Truth in Context: Exploring the Role of Circumstantial Evidence in a Criminal Trial

Hafiz Muhammad Azeem,

Muhammad Zahid Rafique,

Mubashar Tariq

et al. 2023

PJCJ

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The Law of Evidence encompasses a structured framework of regulations employed to discern and ascertain factual information in the adjudication of disputes and the establishment of legal rights and obligations. It encompasses all forms of substantiation introduced during a trial, stratifying as either direct or indirect, with the latter encompassing circumstantial evidence. The utilization of circumstantial evidence, in conjunction with oral testimony, assumes a pivotal role in the adjudication of criminal cases by bolstering the credibility of witnesses and facilitating equitable judicial determinations. This paper delves into the role of circumstantial evidence within the context of legal proceedings, contending that while direct evidence may carry more inherent persuasiveness for jurors, circumstantial evidence also serves as a vital instrument in ascertaining the truth within the specific circumstances of a case. The research seeks to explore the substantive importance of circumstantial evidence in the realm of criminal trials. Employing a comprehensive analysis of pertinent case law and scholarly literature, this study endeavors to contribute to an enhanced comprehension of how judicial bodies can effectively evaluate circumstantial evidence within the overall spectrum of evidentiary appreciation.

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“…Third, the moral element is the actor who is face-to-face, namely a person who is wise and mature. (bin Muhamad et al, 2015) Animal abuse is not included in hudud and qisas-diyah jarimah because in the surahs and hadiths that explain the prohibition of mistreating animals, the level and type of punishment are not mentioned. That is, animal abuse is included in the ta'zir jarimah.…”

Section: Jarimah Ta'zirmentioning

confidence: 99%

Animal Abuse in the View of Islamic Criminal Law

Farizi

2023

J. Progressive. Law. legal. Stud.

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Islam as the majority religion in Indonesia teaches us to be a mercy to the universe, including taking care of animals on earth. However, Indonesia is the country with the largest number of downloaders of animal abuse content in the world. Therefore, the purpose of this study is to analyze these problems from the perspective of jurisprudence. The research method used is normative legal research with a statutory approach and analysis of Islamic legal theories. The results of this study indicate that the crime of mistreatment of animals in Indonesia is regulated in the Criminal Code (KUHP) Article 302 and Article 540, as well as Law Number 18 of 2009 as amended by Law Number 41 of 2014 concerning Animal Husbandry and Health. Animal abuse in jinayah fiqh is included in the ta'zir finger, in which the level and punishment are determined by the government ( ulil amri ).

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Qarinah: Admissibility of Circumstantial Evidence in Hudud and Qisas Cases

Abstract: Two recent developments in Brunei and

Cited by 6 publications

References 1 publication

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

Truth in Context: Exploring the Role of Circumstantial Evidence in a Criminal Trial

Animal Abuse in the View of Islamic Criminal Law

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