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AL-RAYU AL-KABIR: EVIDENCE BY AN EXPERT

Islamic Law Of Evidence ISS 4243

LECTURER :
USTAZ ENGKU MUHAMMAD TAJUDDIN BIN ENGKU ALI MEMBERS : MAIZURA ARTIZA BT RAHMAT 027099 NUR AFLAHA BT ABD AZIZ 027096 NURUL FARAIN BT ABAS 027097 NOORHUSNA BT BADRI 027098 NOOR HAYATI HUSIN 028255

ISM SYARIAH 3

THE DEFINITION
Arabic : Al-Rayu al-Khabir or Al-Khabir Malay: Pendapat Pakar Ibnu Qayyim: The testimony of a person skilled in a certain field. Ahmad al-Fathi: expert opinion is the opinion, evidence or testimony given by someone who is skillful in a field or issue.

In such cases the court may use the expert opinion to assist in the determining of a dispute once the court is satisfied as to the competency of the expert. Even though the decision may be the decision of court and the court is responsible for such decision, it is nevertheless based on the opinion of a expert witness believed by the court.

DALIL
Islam has recognized expert opinion as a means of proof. The main argument of the ulama for the admissibility of expert opinion is the following ayah of the Qur'an,that Allah says: and before thee also the messenger We sent were but men, to whom We granted inspiration: if ye realize this not, ask who possess the Message (Wisdom) . (Surah Al-Nahl:43)

THE EXAMPLES OF AN EXPERT


Ibnu Qayyim: expert of a doctor- can be sought in determining types of wound or any related and also in animal medicine by veterinarian. Some ulama said the opinion of the expert binds the court. The Hanbalis (Al-Shaibi, Al-Thauri, Abu Thur and others) : that if 4 men had given their testimony accusing a woman of zina while several trusted women had also given their opinion that accused is still a virgin.

CONTINUE
The opinion of an expert raised a doubt in the prosecutions case then the had of zina & qazaf shall not be imposed. Had punishment may not be imposed on the accused Because they have fulfilled the condition for valid testimony or syahadah according to syariah.

THE DRAFT EVIDENCE ACT OF THE SHARIAH COURT (FEDERAL TERRITORY) 1988
Also, recognizes expert evidence as a means of proof. Section 33: (1) When the court has to form an opinion upon a point of foreign law or of science or art, or as to identity or genuineness of handwriting or finger impressions or as to how to determine nasab the opinion upon that point of persons specially skilled in that foreign law, science or art or in questions as to identity or genuineness of handwriting or finger impressions or as how to determine nasab are qarinah.

(2) Such persons are called experts. (3) Two or more experts shall be called to give evidence but if two experts are not available, the evidence of an expert is sufficient. If two experts give different opinions a third experts shall be called to give evidence Section 34: Facts not otherwise relevant are relevant if they support or are inconsistent with the opinions of experts when such opinions are relevant

CONCLUSION
On the basis of the above arguments it would therefore be proper for the courts to seek the advice and opinion of experts in a certain field to assist the court in upholding justice because a judge is only a normal human being who possesses limited knowledge. Islam encourages a judge to hold discussions and discourses on matters of which the court is not certain.

This is however subject to the condition that a judge should always exercise proper care before accepting any opinion or advice.

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