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islamirama
05-16-2010, 08:56 PM
I know that in the past if someone has committed adultery, they had to bring 4 witnesses .

My question is can we prove that today by using latest scientific methods as the DNA test, instead of bringing 4 witnesses.

Praise be to Allaah.
According to Islamic sharee’ah, zinaa can only be proven by clear evidence, namely the testimony of four trustworthy and sound witnesses who saw it actually happen, or by confession of guilt, or by the woman becoming pregnant. It cannot be proven by DNA testing or by use of cameras and videos in place of the things mentioned above. And Allaah knows best.


http://islamqa.com/en/ref/6926
I have a problem with this statement...

It cannot be proven by DNA testing or by use of cameras and videos in place of the things mentioned above.

If dna and video surveillance and the like can be used to punish criminals and solve crimes, then why can't they be used in this case. I understand that somethings can be implanted (like dna material) but so too you can find witnesses to say what you want these days but what about videos?

seems to me like logic is being rejected here... your thoughts?
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Mohamed_Sadiq
05-16-2010, 09:02 PM
The video camera and the dna result cannot answer back so when you go court it will not be reliable as you cant get the full picture from a dna and a video camera, i mean a video can be edit and faked and a dna result cannot tell whether a person had zina or got raped?

Allah (swt) knows best
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tango92
05-18-2010, 08:56 PM
i think the videos they use in court have to be original footage, ie not copied.

this allows them to check the video for being fake, personally i think video cameras and dna testing could be used as 1 of the four witnesses.

anyway one of the points of zina being so hard to prosecute is that the punishment is so severe. so it gives a second chance to the accused to mend their ways. you dont want to defeat that purpose by saying "aha weve got you on tape thats all we need"

and zina is not a crime against any person so the urgency to convict not as high as for other crimes like stealing, murder. where justice needs to be served. the fornicators only commit a crime against Allahs commands, and as such he will ultimatley be the judge on quyammah
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جوري
05-18-2010, 09:02 PM
:sl:

Who is going to submit to DNA and cavity searches after illegal fornication?
Also people can be framed in a case where you are speaking of someone's honor, I think the four eye-witness is divine judgment, beyond a confession and perhaps out of wedlock children, I don't think forcing someone to strip and sample search is at all appropriate or Islamic!

and Allah swt knows best

:w:
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aadil77
05-18-2010, 09:11 PM
I think the idea behind 4 witnesses is to protect muslims from false allegations as was in the case of bibi Aisha, its also a mercy from Allah I think so that its difficult to get punished for it and you're given a second chance
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