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Al-qarinah (circumstantial Evidence) And Its Capacity In Criminal Cases, Munakahat And Wealth Convictions According To Islam

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dc.contributor.authorLukman Abdul Mutalib,en_US
dc.contributor.authorWan Abdul Fattah Wan Ismail,en_US
dc.contributor.authorAhmad Syukran Baharuddinen_US
dc.contributor.authorAbd Hamid Abd Muraden_US
dc.contributor.authorKamarul Arifin Mohd Wafaen_US
dc.contributor.authorMohd Faisal Mohamed,en_US
dc.contributor.authorAsmawati Suhiden_US
dc.date.accessioned2024-05-28T06:10:27Z
dc.date.available2024-05-28T06:10:27Z
dc.date.issued2020
dc.date.submitted2020-11-06
dc.description.abstractThe 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 situationen_US
dc.identifier.epage1026
dc.identifier.issn2005-4238
dc.identifier.issue3
dc.identifier.spage1016
dc.identifier.urihttp://sersc.org/journals/index.php/IJAST/article/view/4195
dc.identifier.urihttps://oarep.usim.edu.my/handle/123456789/7131
dc.identifier.volume29
dc.language.isoenen_US
dc.publisherScience and Engineering Research Support Societyen_US
dc.relation.ispartofInternational Journal of Advanced Science and Technologyen_US
dc.subjectal-Qarinah;en_US
dc.subjectal-Qarinah al-Qati’ah;en_US
dc.subjectcircumstantial evidence;en_US
dc.subjectdescription of the situationen_US
dc.titleAl-qarinah (circumstantial Evidence) And Its Capacity In Criminal Cases, Munakahat And Wealth Convictions According To Islamen_US
dc.typeArticleen_US
dspace.entity.typePublication

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