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E.L King

Qisas and external proof

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When it comes to qisas, can modern forensic tools and video proof be used to prove someone is guilty, or does it have to be the traditional witnesses way? 

Also, do the fuqaha differ on this issue or not? 

I have been trying to find an answer but it has been difficult. I would also like to tag brother @Ibn al-Hussain on this issue, hopefully he doesn't mind :p

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1 hour ago, Ibn al-Hussain said:

:salam:

Yes it is allowed as long as it goes through procedures that are considered reliable according to the experts and results in reliable knowledge for the judge, rather than speculation.

Wasalam

Thank you brother, forgive me if I may sound rude when demanding this, but is there any source for this? Thanks.

Also, is this only for qisas and ta'zeer, or can video proof and forensic stuff be used to prove hadd crimes, like rape and stealing for example? (I'm guessing for zina, it has to be eye witnesses).

Thanks in advance again dear bro.

Edited by E.L King

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It’s based on jurisdiction rules & the fatwa of each Marja that you follow but acording to holy Quran you must have at least two supervises man

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5 hours ago, E.L King said:

Thank you brother, forgive me if I may sound rude when demanding this, but is there any source for this? Thanks.

Also, is this only for qisas and ta'zeer, or can video proof and forensic stuff be used to prove hadd crimes, like rape and stealing for example? (I'm guessing for zina, it has to be eye witnesses).

Thanks in advance again dear bro.

See question 60 and 61: http://www.sistani.com/english/book/45/1963/

You will only find these issues in Questions and Answers done by a marja' (if even there), because an average follower won't be asking such a question unless they are a judge in a court or a lawyer defending someone - where the question would become redundant under an Islamic government since rules regarding what can or cannot be used as evidence would already have beenn ironed out.

The best way to figure these things out is if you ask a question yourself, or by looking at research papers written within Iran by institutes that conduct such studies, or papers written by lawyers and medical experts who also do work in Islamic Fiqh. There are numerous papers published on this subject. For example, this paper http://jfil.srbiau.ac.ir/article_9263_7cba860dde0b696f05b66c0c429a7e59.pdf discusses how and why DNA testing should be considered legally permissible in order to prove the parentage of someone. These papers are of course, typically technical (with both medical and Islamic legal jargon).

As a personal anecdote I can tell you that 2 years ago while I was sitting in a gathering with Ayatullah Sayyid Shubeyri Zanjani, a group of scholars from Isfahan had come to visit him. They were presenting him a paper where they had done some research work on DNA and genetic testing by which they could determine if a person is a Sayyid or not. They asked if this procedure is allowed to be used to claim someone is a Sayayid or not (which would subsequently have legal consequences such as Khumus or Fitrah etc.). The Sayyid said he is obviously unaware of the details of such a procedure (as he has nothing to do with the medical aspect of it), but that if it follows generally accepted scientific procedures and methodologies, and results in - what people would consider - knowledge, rather than speculation, it is fine.

Wasalam

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