A New Paradigm of Jarimah Qadhaf: Opportunities and Challenges for the Integration of DNA Testing in Islamic Law and the Indonesian Judicial System

Abstract

Jarimah Qadhaf is a criminal act in Islamic law that is subject to hudūd sanctions and requires proof by presenting four fair male witnesses. This provision demonstrates the commitment of Islamic law in preserving the honor of individuals and preventing defamation, but it is difficult to apply in today's social and technological context. The development of forensic science, especially DNA testing technology, offers an alternative to evidence that is considered more relevant and objective. However, the use of DNA tests as a means of proof in qadhaf cases is still a debate in fiqh discourse, considering that it is not accommodated in the classical hudūd proof structure. Analysis of Qanun Aceh Number 6 of 2014 shows that there is a legal breakthrough that recognizes DNA tests as a substitute for shahadah under certain conditions. The maqāṣid al-shari'ah approach is an important instrument for assessing the urgency and limitations of the application of this scientific evidence in the corridor of Islamic law. The conclusion shows that DNA tests can be used in proving qadhaf in a limited way within the takzīr area, but cannot completely replace the position of four witnesses in the determination of hudūd.