QARINAH AS EVIDENCE IN DECIDING CASE

Qarinah as evidence leading to a conviction has been used by judges as the consideration basis in resolving a case. Its uses as evidence is still controversial especially in Fiqh . This is not the case in positive law as positive laws are regulated by a nation. The most important part of qarinah as evidence is how the results of technological advancements such as DNA could be used as qarinah . Positive law seems to have adopted DNA as qarinah so as to use it in imposing a legal decision. In reference to the Islamic law, can a DNA technology be used as qarinah ? Apparently further research regarding this topic is required. This article discusses fundamental arguments for possible adoption of DNA as qarinah evidence.