القرائن الكاذبة ودور ذكاء القاضي في كشفها والأحكام الفقهية المترتبة عليها

The role of the judge's intelligence in exposing false evidence and its impact on jurisprudential rulings

الملخص

This article delves into the broad and complex issue of false evidence and its far-reaching implications, including the potential loss of rights, unjust claims by plaintiffs, and severe consequences such as the violation of blood, money, and honour. The critical role of a wise and discerning judge is emphasised, as they must follow a cautious approach, thoroughly investigating and verifying the validity of cases and accusations rather than making surface-level judgments. The necessity for a judge's intelligence to complement rather than obstruct the principles of Sharia law, particularly in the establishment of evidence, is highlighted. Contemporary criminal investigation systems have incorporated specific devices like lie detectors to ascertain the truthfulness of the accused, and the employment of smart robots has given rise to the concept of the “smart judge.” These advancements facilitate litigation procedures and aid judges in uncovering the truth. A significant finding is the critical need for judges to meticulously examine evidence to expose falsehoods, ensuring justice and appropriate acquittal. The importance of precision and caution is underscored to prevent wrongful convictions of innocent individuals and the erroneous acquittal of the guilty, especially in cases affecting community security.