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Musda Asmara
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International Journal of Sharia and Law Qiyam Islamic Studies Center Foundation Dr. Ak. Gani Street No. 01 Housing Dusun Curup Estate Curup Rejang Lebong Bengkulu-Indonesia 39119
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International Journal of Sharia and Law
Published by Qiyam Islamic Studies Center Foundation
ISSN : -     EISSN : 3110181X     DOI : 10.65211
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
International Journal of Sharia and Law is an international journal that publishes peer-reviewed articles for the worldwide community. Papers written collaboratively by researchers from different countries are encouraged. The journal aims to promote academic exchange and enhance collaboration among scientists, engineers, and researchers to develop and deepen the understanding of law, both from the perspective of legal norms (normative law) and the perspective of legal practice in society (empirical law). In addition, the research results are expected to assist in solving legal problems and making more informed legal decisions. International Journal of Sharia and Law is an academic journal published by Qiyam Islamic Studies Center Foundation, and in partnership with Asosiasi Dosen Hukum Keluarga Islam (ADHKI). This journal publishes two issues per year, in June and December.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 11 Documents
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Integrating Islamic Principles with Modern Criminal Justice: Re-Evaluating Hudud Laws in the Context of Digital Evidence and Procedural Fairness Haider Mahmood Jawad
International Journal of Sharia and Law Vol. 1 No. 2 (2025)
Publisher : Qiyam Islamic Studies Center Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65211/ijsl.v1i2.24

Abstract

The rapid adoption of digital forensics in Muslim jurisdictions poses doctrinal and procedural dilemmas for the enforcement of hudud, the fixed punishments regulated by Islamic criminal law. Although classical jurists demanded near-absolute certainty, statutes now admit blockchain logs, DNA profiles, and geolocation data whose epistemic status is contested. This study investigates whether authenticated digital evidence, evaluated through a maqāṣid-aligned reliability matrix, preserves both procedural fairness and the deterrent mission of hudud. A convergent mixed-methods design combined doctrinal analysis with empirical testing of 210 criminal case files from Malaysia, Aceh, and Saudi Arabia (2015-2024). Reliability indices were computed for five evidence types; Bayesian updating estimated posterior guilt probabilities; interviews with 67 justice actors contextualised findings; cost–benefit metrics assessed restorative settlements. DNA profiles (mean RI = 0.91) and blockchain logs (0.87) achieved high evidentiary reliability, producing shubha deflection rates below 10 %. Geolocation data (0.74) and digital confessions (0.79) generated significantly higher doubt and conversion to taʿzīr. Restorative settlements delivered cost–benefit ratios above 1.1 and victim-satisfaction scores exceeding 78/100, particularly in Aceh, were digital monitoring enhanced compliance. Jurisdictions employing multidisciplinary verification panels recorded wrongful-conviction reversals below 4 %. The findings demonstrate that modern forensic artefacts can coexist with classical proof doctrines when governed by transparent authentication and probabilistic evaluation. Implementing a maqāṣid-based reliability matrix offers courts a principled route to align divine mandates, technological progress, and human-rights safeguards, thereby modernising Islamic criminal justice without compromising its ethical foundations, in diverse contexts worldwide.

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