The Integration of Naqli and Aqli Knowledge in Islamic Law of Evidence in Malaysia: An Overview Based on the Qur’an, Science, and Technology

Abstract

The Qur’an is the primary source of Islamic law, revealed to the Prophet Muhammad (peace be upon him) as a guide for human life in both worldly and spiritual matters. It encompasses various legal principles, moral teachings, and bodies of knowledge, including those related to science and technology. Clearly, the integration of rational (‘aqli) and revealed (naqli) knowledge within the Qur’an demonstrates Islam’s openness to the advancement of knowledge. This phenomenon is not only acknowledged by Muslim scholars but has also been recognised by Western academics, some of whom embraced Islam as a result of their studies.  In principle, Islamic law does not limit evidence to specific methods. On the contrary, the Shariah Court may accept any form of evidence that fulfills the requirements prescribed by Islamic law, as long as it is capable of convincing the judge. Evidence derived from science and technology, such as DNA analysis, may be classified as qarinah (circumstantial evidence) or expert testimony. Although the recognition of such methods is generally expressed in national Acts and State Enactments, the courts do not reject their use in establishing guilt or legal facts, including in matters of lineage determination. This paper aims to analyse the extent to which scientific and technological facts may be utilised as tools of proof in accordance with the Qur’an and the Islamic Law of Evidence, and to examine the practices of the Shariah Courts in accepting and assessing such evidence.