The integration of forensic science fundamentals and al-qarinah towards achieving maqasid al-shari'ah

Abstract

The world is calling for forensic science in proving the truth for the justice of sophisticated cases. The impact of separation between religion and science and the negligence of viewing forensic science from the maqasidic perspective left a huge gap in shariah literatures thus resulting forensic science to become exclusive and alien to Islamic law. Failure in understanding fundamentals of forensic science worsens the situation by giving negative implications towards the incompetency of Islamic law. This study aims to identify forensic science elements in Muslim scholars’ view on the admissibility of al—qarz‘nah in Islam, to analyse the relationship of forensic science elements with maqc‘lsid al—shari‘ah from its transferability through reported forensic science cases, to analyse fundamental framework of forensics in Islam, and to propose for a fundamental recommendation of forensic science as integration with al—qarinah towards achieving maqc'zsid al-sharf‘ah. This qualitative research used Grounded Theory and content analysis method to obtain research objectives. Constant comparative approach on theoretical samples and descriptive, inductive, and deductive approaches on selected primary and secondary sources of data were used in the analysis process with the assist of Atlas.ti version 7 as a software analysis tool. A total of 117 forensic science elements were found which built four key fundamentals namely; ‘forensics jurisprudence’, ‘human capital’, ‘forensic analysis’, and ‘accreditation’. The transferability interpreted from the theory towards selected thematic forensic cases proved that all four key fundamentals do exist in preserving the five essential values of human life. In achieving maqc‘lsid al—shari‘ah, ‘forensics jurisprudence’ fundamental acquires a comprehensive understanding of forensics application towards accomplishing the ma ’c‘tlc‘lt that comprises historical reviews, the terminology of fiqh forensics, the reasoning of forensics through istidldl in usulfiqh and its relationship with maxims. As for the adaptation for shariah legal purposes, ‘human capital’ fundamental highlights a holistic approach in achieving maqc'lsid al- shari‘ah through forensic science education and training as well as fulfilling the competency of experts. The ‘forensic analysis’ fundamental incorporates level of doubt in analysis, ethics, presumptive and confirmatory test, instruments, crime laboratories epistemology, and analysis held by a shariah entity as salient features to minimise Shubhah. These features contribute to the suggestion of establishing forensics laboratory for shariah legal purposes. The ‘accreditation’ fundamental reviewed six standards in forensic science; ISO 9001, MS 1900, ISO 17025, MS 2300, SAMM, and ASCLD program. Among all, only ISO 9001 is not complied with shariah principles. The combination of these five standards ensures the quality assurance of forensics application to achieve maqc'zsid al—sharf‘ah. Thus, the integration of forensic science with al—qarinah through its fundamentals is proven possible to realise maqc‘tsid al—sharf‘ah. This study suggests that the four fundamentals should be given priority and evaluation in raising the bar of forensic science in Islam.