Admissibility of Evidence Through Modern Devices in Islamic

ADMISSIBILITY OF EVIDENCE THROUGH
MODERN DEVICES IN ISLAMIC LAW AND

PAKISTAN LEGAL SYSTEM; A COMPARATIVE
ANALYSIS
Research Statement
Admissibility of evidence through modern devices in Pakistan

legal system is a question under discussion nowadays and a
burning issue which needs to be resolved and analyzed under the
guidance of Islamic Law that can be used to test the standards
advocated by common law, thus the research explore and
compare the admissibility of evidence in civil and criminal cases
through modern devices in Islamic Law and Pakistani Legal
system and to suggest changes for betterment of Pakistani Legal
system
INTRODUCTION
Modern technology has reshaped the world's judicial system to a great extent. The evidence collected through
modern technology is much more accurate and credible. Its perks have forced the world into adopting the
technology; however, countries like Pakistan are still reluctant to incorporate these technologies into their
legislation and judicial system. Even though the accuracy and credibility of the evidence collected through
modern technology are recognized throughout the world, in Pakistan, evidence obtained through such means is
only seen as corroborative evidence, and sentences such as Hudud and Qisas are never handed over such
evidence. Even Islam encourages modem means and modern technology for investigation, evidence collection
and reaching conclusions. This scenario highlights the retrograde approach of our judicial system and the dire
need for change.
RESEARCH QUESTIONS
• Whether evidentiary value of evidence obtained through modern devices same that of oral
or documentary evidence?
• Whether evidence through modern means is admissible as evidence in Islamic Law?
• Whether Pakistani Legal System can provide complete justice in both the Civil and
Criminal cases, where there is no except for the obtained through modern devices?
• Whether there is difference in admissibility of evidence obtained through modern devices

in Islamic Law and Pakistani Legal System?
RESEARCH OBJECTIVES
The objectives of this Research is as followed:

• To evaluate evidentiary value of evidence obtained through modern devices same that of oral or
documentary evidence,
• To analyze the admissibility of the evidence obtained through modern devices in Isalmic Law,
• To deeply analyze admissibility of evidence obtained through modern devices in common law,
Islamic Law and finally Pakistani Legal System, since it’s a mixture of both,
• To understand and compare the admissibility of the evidence obtained through modern devices in
Islamic Law and Pakistani Legal System
• To suggest changes for betterment of Pakistani Legal System.
RESEARCH METHODOLOGY
In order to achieve goals intended in this research, methodology is
Analytical and Comparative analyses of admissibility of evidence
obtained through modern devices in Islamic law and Pakistani legal
system.
Primary sources used in this research are Holy Quran, Sunnah,
books of Islamic jurists and modern English jurists , journal articles,
newspaper articles, relevant statutes of Pakistani legal system and
the secondary sources are current case laws, work that already
exists through its deep analysis to achieve the intended result.
TENTATIVE OUTLINE
• Chapter 1
Evidence Obtained through modern • Chapter 4
means. A comparative analysis of
• Chapter 2 admissibility of evidence obtained
Evidence Obtained through modern through modern devices in Islamic law
means in Islamic Law and Pakistani legal system
• Chapter 3
Admissibility of Evidence through • Conclusions & Recommendations
modern devices in Pakistani legal system
AVAILABLE LITERATURE
Articles
• Application Of Modern Evidence In Judicial System Of Pakistan
• Evidence In Islamic Law: Reforming The Islamic Evidence Law Based On
The Federal Rules Of Evidence' (2011) 13 Journal of Islamic Law and
Culture
• Ishaq Husseini, 'Islam Past And Present' (The Atlantic, 2021)
• Mansour Z Al-Mutairi, Necessity In Islamic Law
• Maha Abualfaraj, 'Evidence In Islamic Law: Reforming The Islamic
Evidence Law Based On The Federal Rules Of Evidence' (2011) 13 Journal
of Islamic Law and Culture.
• Muhamad Ibn ’Isa al-Tirmidhi, Sunan al-Tirmidhi, vol. IV, Beirut, alMaktab alIslami, 1988, p. 25
………………..Continued
• Books
Qannun-e-Shahdat Order 1984
Al-Quran
Hadith
• Case Laws
2008 MLD 1385
2020 PLD 313 Supreme Court
THANK YOU

Admissibility of Evidence Through Modern Devices in Islamic

Uploaded by

Copyright:

Available Formats

Admissibility of Evidence Through Modern Devices in Islamic

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Admissibility of Evidence Through Modern Devices in Islamic

Uploaded by

Copyright:

Available Formats

ADMISSIBILITY OF EVIDENCE THROUGH

MODERN DEVICES IN ISLAMIC LAW AND

Admissibility of evidence through modern devices in Pakistan

• Whether evidence through modern means is admissible as evidence in Islamic Law?

• Whether there is difference in admissibility of evidence obtained through modern devices

The objectives of this Research is as followed:

You might also like