KEDUDUKAN BAYYINAH, SYAHADAH DAN QARINAH DALAM PENGGUBALAN UNDANGUNDANG KETERANGAN ISLAM DI MALAYSIA

Abstract

This article tries to analyze the methodology of promulgation of the
Islamic Law of Evidence in Malaysia. It focuses on the principles
of bayyinah, syahadah and qarinah. Since the structure of the law
originates from the Evidence Act 1950, which is mainly based on the
principles of evidence in English common law, several modifications
and insertions have to be performed through the methodology of Islamic
Jurisprudence or Usul al-Fiqh. Various suggestions have been put
forward in this article to ensure that the position of bayyinah, syahadah
and qarinah are correctly placed in the respective law.