Qarinah

Admissibility of circumstantial evidence in hudud and qisas cases

Research output: Contribution to journalArticle

Abstract

Two recent developments in Brunei and Malaysia on hudud and qisas implementation have revived the keen discussion and debate on admissibility of qarinah. The Brunei monarch has already approved the hudud, qisas and ta’zir implementation and a special committee has already been set up to look into several substantive, procedural and administrative matters. In Malaysia, the Kelantan government is currently looking into some preliminary matters regarding hudud, qisas and ta’zir application in view of the recent Federal Government’s green light on the said syariah criminal law application. The said state government is already in the midst of engaging itself into important discussions with other relevant authorities on the said matter. In view of these two recent developments, this paper strives at analyzing the issue of qarinah admissibility in hudud and qisas cases. Attempt is also made in identifying some misconceptions on the said issue while coming up with some analytical response on dispelling the misconceptions.

Original languageEnglish
Pages (from-to)141-150
Number of pages10
JournalMediterranean Journal of Social Sciences
Volume6
Issue number2
DOIs
Publication statusPublished - 1 Mar 2015

Fingerprint

Brunei
Malaysia
criminal law
Federal Government
evidence
Government
Misconceptions
Admissibility
Procedural
Authority
Monarch
Criminal Law
State government
Federal government
Criminal law

Keywords

  • Admissibility
  • Criminal investigations
  • Criminal prosecution
  • Hudud
  • Qarinah’ circumstantial evidence
  • Qisas
  • Ta’zir

ASJC Scopus subject areas

  • Social Sciences(all)
  • Arts and Humanities(all)
  • Economics, Econometrics and Finance(all)

Cite this

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abstract = "Two recent developments in Brunei and Malaysia on hudud and qisas implementation have revived the keen discussion and debate on admissibility of qarinah. The Brunei monarch has already approved the hudud, qisas and ta’zir implementation and a special committee has already been set up to look into several substantive, procedural and administrative matters. In Malaysia, the Kelantan government is currently looking into some preliminary matters regarding hudud, qisas and ta’zir application in view of the recent Federal Government’s green light on the said syariah criminal law application. The said state government is already in the midst of engaging itself into important discussions with other relevant authorities on the said matter. In view of these two recent developments, this paper strives at analyzing the issue of qarinah admissibility in hudud and qisas cases. Attempt is also made in identifying some misconceptions on the said issue while coming up with some analytical response on dispelling the misconceptions.",
keywords = "Admissibility, Criminal investigations, Criminal prosecution, Hudud, Qarinah’ circumstantial evidence, Qisas, Ta’zir",
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AU - Rahman, Mazupi Abdul

AU - Zahid, Md. Anowar

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