The Role of Forensic Entomology in Proving Crimes: A Analysis from Maqasid al-Shariah perspective

Abstract

In today's technologically advanced world, applying qar?nah as a method of proofing the prosecution of Islamic offences is critical. Additionally, expert witness evidence, such as that of a forensic entomologist who inspected insects at the scene, is one of the qar?nah that is frequently utilised in court. Yet, problems about the conformity of expert witness testimony from this field of forensics from the standpoint of fiqh and maq??id shar??ah often emerge in Shar??ah courts. This is because the jurisdiction of the Shar??ah court in Malaysia is not yet as vast as the jurisdiction of the civil court because there is a limit to the power of the Shar??ah court to impose punishment. Therefore, the purpose of this research is to identify the position of forensic entomology expert witnesses in Islamic law from the standpoint of jurisprudence and guided by maq??id shar??ah, as well as to ensure complete exposure to the function of forensic entomology in Islamic law. This study will employ qualitative methodologies to collect data in order to attain that goal. The researcher will consult books, papers, theses, and journals on the subject. The researcher will then collect Quranic verses and ?ad?th connected to forensic entomology and assess its aspects from an Islamic perspective. As a result, this study discovered that entomological forensic evidence is a type of qar?nah-based evidence accepted by shara? in Islamic law. In addition, this study also concluded that forensic evidence could certainly be recognised as a kind of evidence in a Shar??ah court from fiqh and fits the five requirements of sustaining the maq??id al-shar??ah. As a result, forensic entomology evidence should be acknowledged as a type of proof by Shar??ah courts in thismodern day since its position is recognised in Islam, and it may assist the judiciary in maintaining justice.