| Summary: | Justice is the ultimate objective of any judiciary system. The absolute justice is
only belongs to Islamic judiciary system. However it is highly dependant on the
quality of the implementation methodology that man could produce. In the
Islamic judiciary system, especially to convict a zina, there are various
methods in establishing evidence. Some of the methods are unanimously
accepted while some others are not unanimously accepted. Al-qarinah is
among those which are not unanimously accepted by the Islamic jurists. The
Islamic law is actually dynamic. The dynamism lies on its flexibility, which is
the main characteristic of the law itself. It is because the fiqh law is not
isolated from reality, but derived from the analysis on the contemporary
environments. The development in science and technology has changed the
human civilisation and perception towards life. The development of knowledge
in producing evidence scientifically such as DNA test, fingerprint etc. coupled
with the more complex criminal behaviour, demand us to take a detailed and
in-depth study to determine the status of al-qarinah in the contemporary
Islamic judiciary system in order to make sure an Islamic law is relevant and
effort to give a justice and positive perception among nation toward Islam.
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