A Preliminary Analysis on The Admissibility of Documentary Evidence via Forensic Science Method According to Islamic Syariah Law

Abstract

Documentary evidence is one of the important methods of proof used in both syariah courts and civil courts. The rapid development in the field of science and technology indirectly has brought major changes in the forms of documents. This can be seen when the court begins to accept the forensic science method in documentary evidence such as a medical report, chemical report, deoxyribonucleic acid (DNA) test report and others. This is because this kind of method of proof can reinforce the other evidence presented in a court proceeding. However, there is no specific discussion regarding the admissibility of forensic science method in documentary evidence according to islamic syariah law. The aim of this study is therefore to identify what is the islamic perspectives on forensic science methods and then to analyse the position of the forensic science method in documentary evidence under the syariah court evidence law. Finally, this study will explore the admissibility of documentary evidence via the forensic science method under the malaysian syariah court. The methodology of this study is a qualitative approach by using document analysis of the provision from the holy quran, hadith, syariah court evidence (Federal Territories) Act 1997 [Act 561], article papers, journals, reported cases and related document references. At the end of the study, the researchers discovered several provisions from the syariah court evidence (Federal Territories) Act 1997 [Act 561] concerning the acceptance of forensic science method in documentary evidence and its admissibility in Malaysian Syariah Court.