Penggunaan serangga sebagai keterangan dalam perundangan jenayah Islam

Abstract

Qisas is one of the cases in Islamic criminal law. Generally, the qisas offences are divided into two kinds viz, murders and caused injuries, and this study focuses on the murders. This study was conducted to identify aspects pertaining to the use of insects and its application as evidence in case of qisas. This qualitative study employs the library-based research method by referring to books written by scholars and academicians as well as literatures recorded in quality and indexed journals. Primary and secondary data collected using this method wasthen analyzed through content analysis by applying inductive and deductive reasoning. The findings show that insects exist around the dead body and the crime scene can potentially provide important and specific information to the investigating and prosecution officers in murder cases. The information that can be gathered from insects includes determination of minimumpostmortem interval (mPMI), cause of death, as well as information on the killer, the victim and the crime scene. The findings also elucidate that such information can be used as qarinah to convict qisas cases involving murder. This qarinah evidence consists of entomological forensic expert opinion, the result from insect sample analysis, and description of the results in the report. In conclusion, insects can be used as evidence to convict qisas cases involving murder. This study has succeeded in establishing the element of integration between science and Syariah, and proving that the syariah is comprehensive as well as applicable to all aspects of knowledge.