DNA Evidence in Zina Cases: An Analysis to its Application and Admissibility in Islamic Law and Syariah Court

Abstract

With the advancement of technology in this 21st Century, the forensic science has developed greatly. It has been used as tools for convicting the culprit. Interestingly, a number of scholars and human right activist in some Islamic Jurisdictions across the Muslim world have advocated for the adoption of the DNA evidence as valid proof for crimes in Islam. It is singled out for zina. They on opinion that the recognition and actual consideration of DNA evidence as a valid legal proof of zina will reduce the evidential burden required in the procedural aspects of the proceedings and it will facilitate the administration of justice. This research aims to identify on the issue of DNA as evidence in zina cases. Therefore, the main question here is that to what extent DNA evidence can be used in Islamic Law and admissible in the Syari’ah Court. Can DNA substitutes the legal proof of zina as explicitly (qat’i) stated in the Qur’an? Qur’an is indeed timeless and not subject to changes in any circumstances. Therefore, an analysis to its application will be discussed in this paper, with an appraisal of its advantages and limitations. The research will also further dilates on the opinions of the Muslim Contemporary scholars on DNA evidence as legal proof in zina cases. Furthermore, in this research, decided cases will be referred in regards to its admissibility (DNA evidence) in Syar’iah Court.