Al-Qarinah kontemporari dalam pembuktian jenayah bunuh menurut perundangan Islam

Abstract

Reliance on the methods of shahadah mubasharah (eye witness) and iqrar (admission) as means of proving has to date imposed a limit on the accuracy and efficiency in the process of proving crimes in Islam. Thus there is an urgent need for enhancement in other methods of conviction such as al-qarinah (circumstantial evidence). The objectives of this study are to analyse Islamic legal experts’ opinion on al-qarinah as circumstantial evidence in homicide cases, to analyse contemporary al-qarinah according to Islamic Law, and to present guidelines for al-qarinah as proof in homicide crimes according to Islamic Law. The methodology of this study is of the qualitative type which involves documentative research and qualitative data analysis on the collected samples that is based on purposive sampling in order to achieve the research objectives. The findings of this study have provided guideline for the use of al-qarinah in homicide crimes according to Islamic rules. It covers classical and current discussion as well as scientific and multidisciplinary discussion. It is expected that the outcome of this study will be useful in providing value added assistance and guideline to relevant authorities and Islamic legal practitioners.