al-Qarinah: between the Strength and Requirements to Convict Crime (Adultery)
Journal Title: International Journal of Islamic Thought - Year 2012, Vol 2, Issue 1
Abstract
Justice is the ultimate objective of any judiciary system. The absolute justice is only belongs to Islamic judiciary system. However it is highly dependant on the quality of the implementation methodology that man could produce. In the Islamic judiciary system, especially to convict a zina, there are various methods in establishing evidence. Some of the methods are unanimously accepted while some others are not unanimously accepted. Al-qarinah is among those which are not unanimously accepted by the Islamic jurists. The Islamic law is actually dynamic. The dynamism lies on its flexibility, which is the main characteristic of the law itself. It is because the fiqh law is not isolated from reality, but derived from the analysis on the contemporary environments. The development in science and technology has changed the human civilisation and perception towards life. The development of knowledge in producing evidence scientifically such as DNA test, fingerprint etc. coupled with the more complex criminal behaviour, demand us to take a detailed and in-depth study to determine the status of al-qarinah in the contemporary Islamic judiciary system in order to make sure an Islamic law is relevant and effort to give a justice and positive perception among nation toward Islam.
Authors and Affiliations
Lukman Abdul Mutalib, Wan Abdul Fattah Wan Ismail
Keywords
Related Articles
- EP ID EP93182
- DOI -
- Views 134
- Downloads 0
An Analysis on Spiritual Chain of Shaykh Shams al-Din al-Sumatra’i
This article examines the spiritual chain (silsilah tariqah) of Shaykh Shams al-Din al-Sumatra’i (alt. al-Sumatrani), Qadi al-Malik al-‘Adil (Prime Minister and Mufti) of Aceh during the reign of Sultan Iskandar Muda in...
Islamic Spirituality Movement and Its Implications on Social and Political Ethics in Indonesia
In the nineteenth century, Islamic religious movements fell into three groups: First, those advocating salvation through revivalism as exemplified by Wahhabism; Second, salvation through the prophecy of divinely-sent lea...
Al-Kairanawi’s Methods of Critique on Bible: An Analysis of ‘Izhar al-Haq’
Al-Quran is deemed to be the first text or charter which recognizes the existence of other religions in addition to asserting the truth of Islam and expose incoherent and the faults of otherwise. The facts set forth in t...
Tribal Proclivity and its Effects on the Cooperate Existence of Nigeria in the Centenary Era: An Islamic Perspective
The paper consists of seven sub-sections namely, the introduction, a flash on the prevalence of tribal proclivity in Nigeria, causes of tribal proclivity among Nigerians and its effects. Other aspect of the paper include...
Religion and Culture: Americanizing Islam as the Price of Assimilation
This essay is an exploration into the social inevitabilities of culture shifts within the American Muslim community’s self-understanding of their faith. Rather than a theological explication of the reasons why and why no...