Analisis Awal Terhadap Isu-Isu Kebolehterimaan Asid Deoksiribonukleik DNA Sebagai Bahan Bukti di Mahkamah Syariah (Preliminary Analysis of Admissibility Issues of Deoxyribonucleic Acid DNA as Evidence in Syariah Court)

Abstract

Deoxyribonucleic acid (DNA) benefits human life in various aspects. Islamic history has proven that the practice of proving a case through DNA has been carried out as early as the time of the Prophet Joseph (p.b.u.h.) and the time of the Prophet Muhammad (p.b.u.h.). A lot of efforts have been done to introduce evidence through DNA in the Syariah Court. However, there are some important issues that must be addressed by various parties in Malaysia before starting to apply the DNA evidence in the Syariah Court. This study was conducted to identify important issues that require attention in the realization of the use of DNA evidence in the Syariah Court. This qualitative study employed socio-legal and library-based research in collecting primary and secondary data. Then, the data have been analyzed by using content analysis method through inductive and deductive reasoning. This study found five issues that need to be addressed namely the knowledge and understanding of shariah officers in regard to the DNA, the need to establish Syariah Forensic Laboratory, the suspect's reluctance to provide his DNA sample for DNA analysis, DNA forensic expert qualification as an expert witness in Syariah Court, and the evidential value of DNA in Syariah Court. This study concludes that these issues require effective and practical solution for the effort to bring DNA evidence to be successfully carried out.