Kaedah Pembuktian Dalam Kes Hudud

Abstract

There have been discussions among Islamic jurists whether the court is bound to certain guidelines in deciding the methods of evidence in criminal cases. The purpose of this article is to shine some light on this issue especially with connection to certain evidence, which is not accepted by some Islamic jurists. For the purpose, every single opinion has been analysed together with others in a method of comparative study. The analysis shown that although there are some differences in detail between the jurists, yet principally they agreed that the Islamic Syariah has imposed various conditions in matters related to Hudud cases for the sake of justice. For the purpose of contemporary fiqh the diference in opinion between jurists can be considered as a starting point towards a contemporary development in the subject mater