Master'sOpen Access

New means of proof in Islamic law

2023
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Advisor: Doç. Dr. Suat Erdoğan

Abstract (EN)

The most important thing that helps to reveal the right in Islamic law of reasoning is the means of proof. In a lawsuit, right and wrong, innocent and guilty can only be put forward by proving the truth. In Islamic law of reasoning, the means of proof are not determined by nas. The means of proof, which appear in many different types, have been shaped according to the conditions of the day, and new means of proof have emerged. Today, depending on scientific and technological developments, new means of proof have emerged, making it easier to catch criminals and prevent injustices. As with many things renewed with the advancement of science and technology, innovations have emerged in the means of proof. With the emergence of forensic science, invisible traces began to be revealed. Thanks to the advancement of science, DNA, fingerprints, autopsy examinations, and chemical analyzes, many facts that were previously unknown can now be revealed with certainty. With the development of technology, distances have shortened and transportation, communication and information networks have moved to a very different dimension. Today, thanks to technology, shopping, commerce and financial gain methods have changed, and many jobs can be done remotely with a single click. These innovations brought by technology have increased the responsibilities and obligations of people in the field of reasoning. The material reality that is wanted to be revealed has been revealed thanks to science and technology. In our study, we tried to touch on the means of proof that emerged depending on the scientific and technological developments in the modern world. We tried to deal with the admissibility of these means of proof in terms of Islamic law of reasoning. Keywords: Islam, Law, Reasoning, Proof, Forensic Medicine

Author

Dr. Buşra Dinçer

How to Cite

Buşra Dinçer (Master Thesis). New means of proof in Islamic law, 2023, Düzce University.

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