Al-Risalah : Jurnal Imu Syariah dan Hukum
VOLUME 25 NO 2, NOPEMBER (2025)

An Analysis of Islamic Criminal Justice Regarding the Validity of Audio Recordings as Evidence

Risna Dayanti (Unknown)
Zulkarnain (Unknown)



Article Info

Publish Date
04 Aug 2025

Abstract

This study examines the validity of audio recordings as evidence in both Indonesian criminal law and Islamic criminal law, in response to technological advancements in legal proof mechanisms. The objective is to explore how audio recordings are recognized and positioned within these two legal systems. The research employs a normative juridical approach through a literature review. The findings indicate that audio recordings are legally recognized as electronic evidence in positive law under Law No. 1 of 2024 concerning Electronic Information and Transactions, although they are not explicitly regulated in the Indonesian Criminal Procedure Code (KUHAP). In Islamic criminal law, audio recordings can be accepted as qarinah (strong indication) or bayyinah (clear evidence), particularly in taʿzir cases, provided they meet authenticity requirements and do not contradict the principles of sharia justice. This study underscores the importance of integrating positive law with Islamic legal values to address the challenges of legal evidence in the digital era.

Copyrights © 2025






Journal Info

Abbrev

al_risalah

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

The journal Al-Risalah contains works whose material focuses on the results of research and thoughts related to the development of scientific disciplines, both sharia and legal disciplines in general. Also works covering thoughts that integrate religious disciplines (sharia) and legal disciplines in ...