Pembuktian Melalui Qaronah: Kajian Perbandingan Antara Fiqh Islam dan Perintah Keterangan Mahkamah Syariah, 2001

Abstract

Al-qarinah is one of the method of proving. The implementation of qarinah applies accordingly regardless of whether when there is a witness or a disclosure of admission, or the absence of any proof or evidence. Although the use of qarinah in cases of hudud is not corresponded into agreement upon by the majority of scholars, however qarinah plays a vital role in its own application, particularly in cases alike such as; takzir by which it is not auspiciouly rejected. Therefore, in this particular study is to regard deemly in associated debatable issues in proving the crucial role of qarinah according to Islamic Judiciary based on the primarily syariah criminal cases in further detail as well as the comparison and its implementation in the Syariah Courts Evidence Order 2001, in Brunei Darussalam. To attain achievement in realisation towards this study, the researcher had used diversification of techniques that includes documentation in the form of resources, books, journals of law, decided cases, dissertations and theses, papers and websites. In line with the progress made by the society at the present time, studies find exactly that inevitable progress in science such as DNA forensic test and so on, then it is cannot be intricately denied that qarinah has a definitely increased especially in solving criminal cases to enforce fair and equitable judicial system.