Evidence Laws in Sharia and the Impact of Modern Technology and DNA Testing
Bibliographic Data
| ID | 22023902 |
|---|---|
| Authors | Souha Korbatieh (Monash University, corresponding author) |
| Year | 2020 |
| Volume | 5 |
| Issue | 3 |
| Pages | 4-29 |
| Publication date | 2020-12-06 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Australian Journal of Islamic Studies (JOURNAL) |
| Journal identifiers | ISSN: 2207-4414 • E-ISSN: 2207-4414 |
| Publisher | Islamic Sciences and Research Academy (PUBLISHER) |
| DOI | 10.55831/ajis.v5i3.303 |
| OpenAlex | W3111101965 |
| Language | EN |
| Citations received | 1 |
| References cited | 11 |
Sharia has continuously developed since Islam’s inception in the seventh century CE. This article focuses on hudud criminal law evidentiary requirements, particularly adultery, and critically assesses the impact of modern technology on these laws. Many modern Muslim states implementing Sharia or a part of it are struggling to incorporate technological advancements into their criminal evidence rules. In assessing the desirability of updating Sharia proofs, it is established that modern technology can be comfortably incorporated as circumstantial proof in Sharia under the legal concept of ijtihad. Such proof, however, means it cannot be used to prove hudud crimes, such as adultery, which would contravene objectives of Sharia, hudud, and Sharia privacy principles. Consequently, while modern technology can be incorporated within Sharia evidence laws, there are restrictions on its use due to the unique aspects of hudud and its Sharia objectives. Modern technology, such as DNA testing, may be used as paternity verification at a wife’s request to establish her innocence in li’an cases or to prove paternity under family and civil laws to provide maternal and child welfare rights. A number of modern Muslim jurisdictions are currently grappling with these issues, using creative approaches in combining modern legislation with Sharia principles. This article argues there is no discrepancy between retaining immutable Sharia laws while simultaneously updating other laws and procedures, including the integration of modern technology
Adultery · Innocence · Islam · Legislation · Political science · Sharia · Islamic Finance and Banking Studies · Islamic Studies and History · Law · Marriage and Family Dynamics · Philosophy
Principles of Islamic jurisprudence
Qāḍīs and their Courts
The Status of Women under Islamic Law and Modern Islamic Legislation
The Islamic Law of Personal Status
Islamic Law of Paternity Between Classical Legal Texts and Modern Contexts
Signs as Evidence
Negation of Paternity in Islamic Law between Liʿān and DNA Fingerprinting
Sharīah And Civil Law
The Expert Witness in Islamic Courts
Women and Muslim Family Laws in Arab States
Legislating for the Benefit of Children Born Out of Wedlock
| Citations per year | 1 |
|---|---|
| Citation span | 2025 - 2025 (1) |
| Highly cited | No |