Digital and Scientific Evidence in the Proof of Crimes: A Comparative Analysis of Islamic and Contemporary Legal Principles

Authors

  • Abdul Quddous Assistant Professor, Department of Law, Mir Chakar Khan Rind University, Sibi Balochistan Pakistan
  • Muhammad Zubair Assistant Professor, Department of Law, BUITEMS, Quetta. Pakistan
  • Sabir Ali Lecturer (Islamic Studies), Lasbela University of Agriculture, Water and Marine Sciences, Uthal, Balochistan. Pakistan
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Abstract

The rapid advancement of digital technology and modern scientific techniques has significantly transformed the nature of criminal investigation and evidence in contemporary legal systems. Digital records, electronic communications, forensic analysis, DNA profiling, biometric data, CCTV footage, geolocation data, and other scientific forms of evidence are increasingly being relied upon to establish facts and determine criminal liability. These developments, however, raise important questions regarding the admissibility, reliability, authenticity, probative value, and legal status of such evidence, particularly when examined from the perspective of Islamic law of evidence. This study examines the evidentiary value of digital and scientific circumstantial evidence in criminal proceedings through a comparative and analytical study of Islamic law of evidence and contemporary legal frameworks. It explores the classical Islamic concept of qarīnah (circumstantial evidence) and its relationship with established modes of proof, including testimony, confession, oath, and other evidentiary mechanisms. The study further investigates the extent to which modern digital and scientific evidence can be accommodated within the principles and objectives of Islamic jurisprudence. Particular attention is given to issues of authenticity, reliability, preservation, chain of custody, expert opinion, and the possibility of manipulation or fabrication of digital evidence. The research adopts a qualitative, doctrinal, and comparative methodology. Primary sources of Islamic law, including the Qur’an, Sunnah, classical juristic works, and principles of Islamic jurisprudence, are examined alongside contemporary legislation, judicial precedents, evidentiary rules, and relevant legal frameworks concerning digital and scientific evidence. The study seeks to identify areas of convergence and divergence between Islamic evidentiary principles and contemporary legal approaches. The research concludes that circumstantial evidence occupies a significant position within the broader framework of Islamic jurisprudence, although its evidentiary force may vary according to the nature, certainty, corroboration, and circumstances of the evidence. Modern digital and scientific evidence may therefore be examined within the framework of Islamic evidentiary principles, provided that its authenticity, reliability, integrity, and relevance are adequately established. The study recommends the development of clear evidentiary standards and procedural safeguards to ensure that the use of modern scientific and digital evidence promotes justice while preventing wrongful conviction, manipulation, and infringement of individual rights.

Keywords

  • Digital Evidence
  • Scientific Evidence
  • Circumstantial Evidence
  • Islamic Law
  • Forensic
  • Evidence Law
  • Criminal Justice

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