Forensic Evidence
A Comparative Analysis of the General Position in Common Law and Sharī'ah
Abstract
Forensic evidence has emerged as an important tool in the administration of justice in Western countries, both in civil and criminal cases. In Islamic countries too recourse to forensic evidence is under active consideration of jurists. This paper presents a general overview of the state of forensic evidence in Western jurisprudence as it also tries to identify some of the theoretical bases, qarīnah and ra'y al-khabīr, for its admission in Islamic jurisprudence. The matter needs to be given serious consideration for it is likely to contribute to a better and more effective dispensation of justice.
References
Publication of material in the journal means that the author assigns copyright to Islamic Studies including the rights to electronic publishing. This is, inter alia, to ensure the efficient handling of requests from third parties to reproduce articles as well as to enable wide dissemination of the published material. Authors may, however, use their material in other publications acknowledging Islamic Studies as the original place of publication. Requests by third parties for permission to reprint should be addressed to the Editor, Islamic Studies.