Forensic Evidence
A Comparative Analysis of the General Position in Common Law and Sharī'ah
DOI:
https://doi.org/10.52541/isiri.v46i2.4308Keywords:
Forensic, evidence, common law, sharī'ahAbstract
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.
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