Browsing by Author "Muhammad Hazim bin Ahmad"
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Publication Fiqh Forensic Module Development For Syariah Officers In Malaysian Syariah Court’s Criminal Jurisdiction(Universiti Sains Islam Malaysia, 2022-10)Muhammad Hazim bin AhmadThe Department of Syariah Judiciary Malaysia (JKSM) released Arahan Amalan no. 4 of 2020 on 21 December 2020. This Practice Direction pertains to the admission of forensic evidence in the Syariah Court, and it is deficient in both substantive and procedural elements. In addition, the Syariah Court lacks exhaustive guidelines or references pertaining to forensic evidence. This is exacerbated by Syariah officials who lack both curriculum and training in dealing with such evidence. As a result, there is a lack of understanding, aptitude, and competency in dealing with forensic evidence and expert testimony. Consequently, there is no legal interpretation of the legislative provisions regarding expert evidence, exhibits and forensic evidence have been handled negligently, qarinah evidence is stigmatised, and the readiness to accept scientific evidence is minimal. These problems need a ‗remedy‘ to prevent worsening. As a result, the primary goal of this qualitative study is to develop the ‗remedy‘. The purpose of this study was to analyse the challenges that led to the necessity for the development of the ―Fiqh Forensic module‖, examine the module‘s content based on the selected sources, and produce a ―Fiqh Forensic module‖ for Syariah officers in Syariah Court. Documents from both primary and secondary sources have been utilised as data in this study. The data were analysed utilizing qualitative content analysis and inductive reasoning. The results of this study indicated that Malaysia needs a comprehensive academic module on forensic science within the parameters of Syariah law. This matched the findings of numerous earlier researches. This study has also identified the six essential topics that must be covered in the ―Fiqh Forensic module‖, which area, first, ―Introduction of Fiqh Forensic‖; second, ―Admissibility of Forensic Science as Evidence and its Application‖; third, ―Qualifications and Credibility of Forensic Experts in Malaysia from the Perspective of Islamic Jurisprudence and Syariah Law‖; fourth, ―Crime Scene Management and Procedures for Spying, Investigating, Raiding, and Arresting a Suspect‖; fifth, ―Handling of Scientific Evidence and its Management‖, and sixth, ―Evidence Practices and Procedures in Syariah Courts, as well as the Opinion of Forensic Experts‖. Two experts in the subject have examined and validated the module‘s content. The ―Fiqh Forensic module‖ was constructed utilising the ―Sidek‘s Module Development Model‖. The coefficient for the content validity of the Fiqh Forensic module is 0.92. This study attained its objectives and answered its research questions about the ―Fiqh Forensic module‖. Additional research is needed to broaden the scope of the study. This includes, but is not limited to, examining forensic components in traditional Islamic legal and judicial writing, exploring each essential component of Fiqh Forensic theory, and establishing research modules with assessments of validity, reliability, and efficacy.