Halal Forensic Laboratory Training LCA3073 PDF

LCA3073 Principles & HALAL FORENSIC Ethics of LABORATORY TRAINING Forensic Science in Islam Assoc. Prof. ChM. Dr Mohd Sukri Hassan PENDAPAT MENGENAI BUKTI DALAM ISLAM Ada 3 pendapat: 1. Mazhab Shafii, Hanafi dan Hanbali : al-Bayyinah (keterangan) adalah ter...

LCA3073 Principles & HALAL FORENSIC Ethics of LABORATORY TRAINING Forensic Science in Islam Assoc. Prof. ChM. Dr Mohd Sukri Hassan PENDAPAT MENGENAI BUKTI DALAM ISLAM Ada 3 pendapat: 1. Mazhab Shafii, Hanafi dan Hanbali : al-Bayyinah (keterangan) adalah terhad kepada penyaksian semata-mata (al-Shahadah). Dari segi penggunaan bahasa al-bayyinah bererti terang, jelas dan nyata 2. Ibn Hazm: Menambah ‘ilm Qadhi iaitu pengetahuan Qadhi dalam al- Bayyinah 3. Ulama fuqaha abad 7: Al-Qarinah ▪ apa jua perkara yang boleh menunjukkan kepada kebenaran selain daripada al-Shahadah ▪ ‘apa-apa petunjuk yang zahir yang mempunyai hubungan dengan sesuatu yang tersembunyi dan menjelaskan fakta kebenaran’.  The Frye Standard From the 1923 case Frye v. United States ▪ Scientific evidence is allowed into the courtroom if it is generally accepted by the relevant scientific community. ▪ The Frye standard does not offer any guidance on reliability. The evidence is presented in the trial and the Admissibility jury decides if it can be used. of Evidence  From the 1993 case Daubert v. Dow The judge decides if the evidence can be entered into the trial. Admissibility is determined by: 1. Whether the theory or technique can be tested The Daubert Ruling 2. Whether the science has been offered for peer review 3. Whether the rate of error is acceptable 4. Whether the method at issue enjoys widespread acceptance 5. Whether the theory or technique follows standards  The expert witness presents scientific evidence in court. He/She will: 1. Establish credibility through credentials, The Expert background experience. Witness 2. 3. Evaluate evidence. Render an opinion about the evidence. 4. The judge may accept or reject the opinion’s significance.  Facet meaning one part of something or situation To prove a case, the “MMO” must be established; it must be shown that the suspect had: 1. Motive : person had a reason to do the crime (not necessary Facets of Guilt to prove in a court of law) 1. Means : person had the ability to do the crime 1. Opportunity : person can be placed at the crime scene PERINSIP FORENSIK SAINS DALAM ISLAM English Version PCA of Fourier Transform Infrared Spectroscopy  Al-Uqubat refers to divine punishments prescribed by Allah, the law-giver for those offenses that are considered the violation of the divine rights or haqq Allah. Hence, the first classification of these divine punishments are also known as Hudud (fixed punishments prescribed in the Qur'an and Sunnah), the plural of Hadd (El Awa, 1985). Thus, the punishments called Al-Uqubat includes fixed and prescribed limits (the literary meaning of Hudud) set by Allah which nobody can alter either by making them lighter or heavier. Similarly, these punishments cannot be waived or pardoned by anybody whether the head of Al-Uqubat state, governor or even the victim (s) of the crime that carries the punishment once the case is before the judge. The reason for this is the fact that all these punishments that fall under the category of Hudud despite being categorized as the rights of Allah are in reality for the benefits of the people and in the interest of the public. The punishments are not imposed because of the violation of religious duties such as neglect of the five daily compulsory prayer and obligatory fasting in the month of Ramadan (Doi, 1984).  Ethics in Forensic Science 1. Ethics 2. Character or behaviour Means the science that deals with the Human character that prescribes to refrain standards of right and wrong of human from immoral conducts such as cheating, conducts, particularly “what humans out to corruption, discrimination, lying, stealing, do”. murder, assault, slander, rape, fraud, and etc., and enjoins virtues of honesty, compassion, sincerity and loyalty. Ethics as science refers to the study of the ethical conduct and behaviour; and in this As such, Islamic ethics (akhlaq) are those case, ethics means the human effort of universal standards of right and wrong that studying moral standards and conducts to prescribe what humans ought to do as taught ensure that man possesses the right by the Quran, and demonstrated in the understanding of moral behaviour. exemplary life (actions and words) of the Prophet (s.a.w). In this sense, akhlaq (ethics) “subsumes all actions that are characterised as amal solih in the terminology of the Quran Thank You