Effective enforcement of Sharia and Pakistani law through embedding DNA in the evidence Act An Analytical Review

  • Mufti Dilawar Khan, Dr Hafiz Muhammad Haussain

Abstract

These are the two lights which guide human existence on each and every aspect of life. The coming together of humanity is the basis of formation of society, which naturally cultivates conflicts and issues. These issues are related to health, wealth, honor and dignity. The Islamic law promulgates “Testimony” as the rule for mitigating these issues. Using these claims of plaintiff are judged in court of law. Issues are a plenty, but the most important ones are the ones which are related to human life like, murder, rape, defamation and theft. This is also known as “Hudood-ul-Allah” Advancement of Human Civilization has given rise to new issues, one of which is “Testimony”.  Can these new forms of evidence (forensic reports, DNA, fingerprints, blood reports, audio, and video) be equivalent to testimony presented by a Human being? Especially in Hudood cases where most often the loss of human life is observed. The distribution of topics in the article is as follows. In the first and second part’ portion of this article issues related to testimony, meaning of testimony, important sources of testimony and rules & regulation of testimony are discussed. The last portion sheds light on latest forms of types Evidence used in Testimonies and their legal status in Sharia Law.

Published
2022-12-31