The Role of Forensic Biology in Realising Maqāsid al-Shariah (The Objectives of Islamic Law)

Abstract

Maqāsid al-Shar i ’ah preserves every ma s āli h or al- D ar u riyyāt (essential), followed by the al- Ha jiyyāt (complementary benefits) and the al-Ta h s i niyyāt (embellishments) hierarchically. The most famous al- D ar u riyyāt discussed in usūl al-fiqh (Islamic Jurisprudence) by Islamic scholars are H if z al-D i n (the preservation of religion/faith), H if z al-Nafs (the preservation of life), H if z al-‘Aql (the preservation of intellect), H if z al-Nasl/nasb (the preservation of life age) and H if z al-Māl (the preservation of property). Hence, it is absolutely necessary to preserve these values for the sake of maintaining tranquillity and calmness. Consequently, forensic biology has been proven consistently has its own role in order to preserve the al- D ar u riyyāt al-Khamsah . Contributing towards tranquillity and calmness through the priority of justice for example, forensic biology has shown its function years by years with the advanced development and rapid evolution of technology, has helped a lot in convicting crimes. This indicates that forensics itself is an important part in bringing the element of justice in H if z al-Nafs. As an illustration, DNA typing, fingerprint analysis, odontology, serology and others play important role towards realising maqāsid al-Shar i ’ah . Yet, researches have to be conducted to correlate on all these items mentioned. As a pioneer, this article aims to demonstrate on how forensic biology could realise maqāsid al-Shar i ’ah . The objectives are to highlight the relations between al-Bayyinah and maqāsid al-Shar i ’ah, to highlight the relations of al-Qar in ah and forensic biology, to analyse on cases that solve by forensic biology which under the theme of al- D ar u riyyāt al-Khamsah . As a significant, research uses content analysis on selected cases of study and document analysis by literature review as the methodology. At the end, research found that forensic biology can be classified under the topic of al-Qar i nah in al-Bayyinah, al-Bayyinah is one of prior means to achieve maqāsid al-Shar i ’ah in Islamic criminal law, DNA profiling, fingerprint analysis and serology play vital role in realising maqāsid al-Shar i ’ah and forensic biology helps in realising maqāsid al-Shar i ’ah through the preservation of al- D ar u riyyāt al-Khamsah.