Browsing by Author "Kamarul Arifin Mohd Wafa"
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Publication Al-qarinah (circumstantial Evidence) And Its Capacity In Criminal Cases, Munakahat And Wealth Convictions According To Islam(Science and Engineering Research Support Society, 2020) ;Lukman Abdul Mutalib, ;Wan Abdul Fattah Wan Ismail,; ;Abd Hamid Abd Murad ;Kamarul Arifin Mohd Wafa ;Mohd Faisal Mohamed,Asmawati SuhidThe most crucial goal of the Islamic judicial system is to uphold justice. Reasonable judgment is a form of justice. Judgment signifies judging in a prudent, meticulous, accurate and appropriate manner as Allah Almighty has determined. According to the law, the claimant or prosecution must prove his or her claim. There are several types of proof methods. Among them is al-Qarinah. Al-Qarinahin language means sign. From a terminology perspective, it is a description of the situation that reached the level of confidence. Nonetheless, scholars differ in the extent to which al-qarinahis accepted in the law conviction, especially in the case of hududand qisas. The Islamic evidence law is, in fact, dynamic and current. It is entirely independent ofits reality and its environment. It demands change in keeping with the rapid development of science and technology. Today most of the evidence for criminal cases such as adultery, rape, theft and so on is not proven by syahadah, pledge or oath, but it is calling for al-Qarinah. Science and technology have changed human civilization and their attitudes. Crime is increasingly complex and challenging to prove. At the same time, the discovery of science is becoming more and more powerful. DNA evidence, fingerprints, blood tests, CCTVs and more have replaced the role of syahadah, pledge even when the evidence presented by al-Qarinahis sometimes more accurate and convincing. Therefore, this paper attempts to evaluate fuqahapractices of al-qarinahand to obtain a distinct illustration of its position as a method of proving in Islam. The research method used is the literature study which is to evaluate the past and current texts related to al-Qarinahusing comparative and descriptive techniques. The findings of the research show that al-Qarinahwas adopted as a law conviction from a trivial issue to a hududproblem. Keywords: al-Qarinah; al-Qarinah al-Qati’ah; circumstantial evidence; description of the situation - Some of the metrics are blocked by yourconsent settings
Publication Issues And Challenges Of Black Magic Criminal Convictions In Syariah Courts: A Review(Science and Engineering Research Support Society, 2020) ;Lukman Abdul Mutalib ;Wan Abdul Fattah Wan Ismail; ;Mohd Faisal Mohamed ;Abd Hamid Abd Murad ;Kamarul Arifin Mohd WafaFathiyyah Mohd FakhruddinEvidence in court is divided into three forms, namely direct evidence, hearsay evidence and circumstantial evidence (al-qarinah).The best evidence is direct evidence, provided it relates to the facts of the issue. Hearsay hearings are generally not admissible in court unless under certain circumstances. The proof of al-qarinahis acceptable if it is relevant and should be supported by other evidence. One of the many misunderstandings that often plays into people‟s thinking is that al-qarinah is weak compared to direct proof. This concept is incorrect. Robert Precht, a professor of law at the University of Michigan, states that “Circumstantial evidence can be, and often is much more powerful than direct evidence." Many cases today are proven by the evidence of al-qarinahrather than direct evidence. Al-Qarinahis a conviction by circumstantial evidence, while black magic is an evil human practice assisted by evils and demons. The hidden and secret methods of black magic are not readily known, but the effects are real and genuine.When a crime is committed using black magic, the problem arises as to how to prove it. In Islam, every problem that occurs, it will have its solution. The proposed method mentions يحدد ٌٍٕبش ألضيت بمدر ِب أحدثىا ِٓ اٌفجىر. One of the featured ways is al-qarinah.This paper will discuss the role of al-qarinahin the criminal conviction of black magic. This study is qualitative, inductive, deductive, comparative and analytical methods are used as the basis of this study. The findings show that the conviction of a black magic criminal offense is not legally possible. It can be done by strengthening al-qarinah and some other suggestions. Keywords: al-Qarinah, description of circumstances, black magic convictions, black magic crimes