pemuda peloncat

mencari arah

Evidence illegally obtained from Islamic point of view..

Classical Islamic law concerns with how the authority obtained the evidence. It must be noted that evidence must be obtained legally without transgressing the right of others. Islamic law provides guideline and adab in upholding justice. We cannot simply for instance break into one’s house for the reason of collecting evidences without adhere to the principle of Islamic law.Islamic law enforces the right to privacy in the home, in fact more strictly than do most legal system in Western democracies. The Qur’an instruct its listeners,
“O you who believe! Enter not houses other than your own, until you have asked permission and greeted those in them.” The earliest muslim reporters of hadith, traditions associated wit the Prophet, understood this injunction in terms of privacy. The most important hadith collectors report the following explanation of the Qur’anic statement: “Sahl bin Saad reported: the Messenger of Allah, peace be upon him, said, ‘seeking permission to enter has been prescribed in order to restrain the eyes.’ This evocative language of “restraining the eyes” suggests the extence of a realm of privacy into which no one may enter without getting permission.Classical Islamic law extended this mandated privacy to the state itself. The jurists interpreted the Qur’anic directive to mean that, event in seeking evidence against a suspect, one must not enter his home without receiving permission. A story recounted about one of the earliest “rightly guided” Caliphs, deals with the legal implications of this rule. Investigating a theft, the authorithies entered a suspect’s home and discovered stolen goods. Brought before the caliph for judgment, the criminal argued that he could not be punished, because the investigator had violated the Qur’anic injunction against entering his home without permission. The caliph concluded that thecriminal was correct. Although he was guilty, he could not be punished, but was permitted to go free.

This story partly shows how to deal with the illegally obtained evidence in Islamic law. The Caliph seems to have thought that the Qur’an itself prohibited using evidence that was obtained in violation of God’s law. Nevertheless, in classical Islamic law, there might also exist certain exception to this general rule. The principle of maqasid syar’iah or the objective of syariah that are to promote and preserve the five essential element , religion, life, mind, lineage and property. If the evidence obtained for this purpose, although illegally, might be admissible. Furthermore to preserve and protect the rights of public is far more important than to preserve the rights of an individual.