القرائن الكاذبة ودور ذكاء القاضي في كشفها والأحكام الفقهية المترتبة عليها

Fabricated Circumstantial Evidence and the Role of the Judicial Intelligence in Unveiling it: Jurisprudential Rulings and Implications

Abstract

This research critically explores the phenomenon of deceptive indicators employed by litigants in legal proceedings and the imperative role of judicial wisdom in recognising such falsehoods. It highlights how, in modern litigation, the misuse of circumstantial evidence poses a significant threat to justice, potentially leading to the illegitimate acquisition of rights and the evasion of legal accountability. The study affirms that Islamic jurisprudence, while
grounded in Divine revelation, also places strong emphasis on empirical reasoning and the judge’s discernment. Using a multidisciplinary approach that combines inductive, deductive, and comparative methodologies, the research examines classical juristic perspectives on evidentiary standards, particularly the categorisation of circumstantial evidence into conclusive, weak, and false. It further analyses contemporary legal developments, such as the use of artificial intelligence and smart court technologies, in light of Islamic legal principles. Through a series of illustrative cases drawn from the Qur’an, Sunnah, and historical legal practices, the study demonstrates how judicial intelligence is essential in detecting deceit and ensuring equitable adjudication. The research concludes that while modern technologies may assist in litigation, they must not supplant human reasoning or established evidentiary norms. Judicial insight—acquired through experience, training, and ethical integrity—remains a
foundational prerequisite for just decision-making. Accordingly, the study recommends the institutional promotion of cognitive training for judges and a cautious yet effective integration of AI tools within judicial frameworks. Such measures are essential to uphold the maqāṣid al-sharīʿah, preserve public trust in the judiciary, and protect individuals from wrongful conviction or dispossession.