Law of Individuality and Locard’s Principle from Islamic Perspective

Ahmad Syukran Baharuddin, Mohammad Amir Wan Harun, Aminuddin Ruskam, Abdul Abdul Rahim Yacob

Abstract


The term fiqh forensics is a combination of ‘the theory and philosophy of Islamic law’ and ‘the scientific approach in investigation’ which can explain the crucial need to combine and integrate these two fields. This article attempts to explore the concept of fiqh forensics and its application in life especially in the field of al-‘Uqubat (punishment) within the discussion of basic forensic principles. Focus is given to the two most important principles in practical forensics namely; Locard’s Principle and Law of Individuality. Deductive, inductive and historical methods of textual analysis are used in this work. The study found that the combination of these two fields is a must and it is in line with maqasid al-Shari’ah in al-‘uqubat. However, the integration must be in compliance with the Islamic guideline, ethics, maxims and approaches.

DOI: 10.5901/mjss.2016.v7n1p239


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Mediterranean Journal of Social Sciences ISSN 2039-9340(Print) ISSN 2039-2117(Online)

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