Criminal Evidence System in Islamic Jurisprudence

Abstract

This study deals with the criminal evidence system in Islamic jurisprudence. The importance of the study stems from its review of the Islamic precedence in deciding the rules of criminal evidence. Its importance also lies in the fact that it shows a set of methods of evidence that are dealt with by the positive law at a later time after they were decided by the noble Sharia. The objective of this study is to identify the criminal evidence system in Islamic jurisprudence and to show the methods of evidence approved by Islamic sharia in this context. In order to achieve the objectives of the study, the researcher adopts the descriptive analytical approach. The researcher reaches several results, the most important of which is that Islamic sharia has preceded in addressing the system of criminal evidence. The researcher also concludes that Islamic sharia approved a set of methods for criminal evidence, including what is agreed upon among jurists, and what was approved by some of them and disapproved by the others. The study ends with a set of recommendations, the most important of which is the necessity of implementing all methods that lead to the prevalence of the truth according to specific regulations so that there is no exaggeration in their estimation. The researcher also recommends the implementation of the methods of evidence approved by Islamic Sharia in all judicial facilities in Islamic countries so that they are interpreted in accordance with the rules and regulations of Islamic sharia.