AL-RA’YU AL-KABIR:EVIDENCE BY AN

EXPERT

Islamic

Law Of

EvidenceISS

4243

LECTURER:USTAZ ENGKU MUHAMMAD TAJUDDIN

BIN ENGKU ALI

MEMBERS :MAIZURA ARTIZA BT RAHMAT

027099NUR AFLAHA BT ABD AZIZ

027096NURUL FARAIN BT A’BAS

027097NOORHUSNA BT BADRI

027098NOOR HAYATI HUSIN

028255

ISM SYARIAH 3

Arabic : Al-Ra’yu al-Khabir or Al-KhabirMalay: Pendapat PakarIbnu 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.

THE DEFINITION

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.

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)

DALIL

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 Hanbali’s (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.

THE EXAMPLES OF AN EXPERT

The opinion of an expert raised a doubt in the prosecution’s 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.

CONTINUE

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.

THE DRAFT EVIDENCE ACT OF THE SHARIAH COURT (FEDERAL TERRITORY)

1988

(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 suffi cient. 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

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.

CONCLUSION

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

Any question..?

THANKS FOR YOUR ATTENTION