ENGLISH: Islamic Law of Evidence and the application of technology in Islamic criminal justice system

Abstract

The subject of search and investigating facts of a dispute remains a substantive concern of the human mind throughout the history. One of the most important aspects of probing facts regarding a particular case, is searching for the perpetrator of that crime; a phenomenon that is widely exercised by different cultures and civilization from ancient times to the present day. Hence, the reaction towards crime as a social phenomenon has varied from one historical period to another. Human efforts varied in different ages about the search for means to prove crime and its attribution to the perpetrator. Based on these differences, the means of evidence and the procedure to access them differed from one community to another. Accordingly, diverse legal proof systems or evidence laws emerged in different ages and societies. The modern science give rise into many developments including those used by the investigating agencies and judges to identify illegal acts in technical manner leading to the emergence of new evidentiary system, the system of scientific evidences that had overcome the element of ambiguity associated to many crimes and has become much more sophisticated beyond the traditional method. From this point of view, it is necessary to clarify their legitimacy in Islamic perspective, especially at times of increased criminal instances where, no society is free of criminal conducts and where, complete prevention of the crimes is impossible.