TAHAP PEMBUKTIAN DI DALAM KES-KES JENAYAH: KAJIAN PERBANDINGAN ANTARA UNDANG-UNDANG ISLAM DAN SIVIL

Abstract

The existence of a just judiciary system is very importance to ensure
justice, peace and harmony in a country. One of its principles
is related to a burden of proof in order to protect the public from
wrongdoing of criminals and at meantime to protect the accused of
being sentenced without proper trial. In terms of burden of proof is
concerned, this article tries to make a comparison between Islamic
criminal law and conventional ones. In short, both systems have
different degrees of proof either in criminal cases or civil. It is discussed
here cases particularly related to qisiis, hudiid and ta'zlr in
Islam. It is found that there are similarities in terms of burden of
proof between the two. However, there are also differences. Therefore,
this article attempts to analyze and criticize these differences
and to suggest which one is the best to be applied in the court in
order to do justice both to the accused and the victims.