Malaysian Journal of Syariah and Law (Jun 2020)
REJUVENATING HUMAN CAPITAL IN SYARIAH LEGAL INSTITUTIONS THROUGH FIQH FORENSICS FUNDAMENTAL MODULE: A PRELIMINARY REVIEW
Abstract
The development of science and technology today has contributed to the advancement of evidence law in the Civil Courts as well as Syariah Courts. The said application of science and technology refers to the scientific evidence produced from the results of analysis done by the expertise in forensic science. Numbers of reported Syariah cases has applied forensic science analysis and test to produce scientific evidence. These cases have portrayed the admission of scientific evidence in Syariah Courts and indicate the readiness of human capital in the Syariah Legal Institutions to apply the scientific evidence. Therefore, this study carry three purposes, to examine the main issues in handling the scientific evidence, to provide suggestion to rejuvenate human capital in Syariah Legal Institutions, and to suggest solution for the issues pointed out throughout the discussion. The result of this study elucidates two main issues that play integral part in handling the scientific evidence, which are the lack of knowledge and adequate experience. In order to overcome these particular issues, rejuvenation on the existing human capital in Syariah Legal Institutions must be done. This study focused on the rejuvenation in the aspect of knowledge and skills of human capital. The said module should contain two mains aspect, theoretical and practical aspect of forensic science. The target of this module is to serve the Syariah officers in the Syariah Legal Institutions as comprehensive guideline and instruction to lead the fundamentals of the forensic science in Syariah Courts into an appropriate platform. In conclusion, this study suggests the development of Fiqh Forensics Fundamental Module to curb the issues of lack of sufficient knowledge and adequate skills in handling scientific evidence.
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