Issues and Challenges of Black Magic Criminal Convictions in Syariah Courts: A Review

Abstract

Evidence in court is divided into three forms, namely direct evidence, hearsay evidence and circumstantial evidence (al-qarinah). The best evidence is direct evidence, provided it relates to the facts of the issue. Hearsay hearings are generally not admissible in court unless under certain circumstances. The proof of al-qarinah is acceptable if it is relevant and should be supported by other evidence. One of the many misunderstandings that often plays into people’s thinking is that al-qarinah is weak compared to direct proof. This concept is incorrect. Robert Precht, a professor of law at the University of Michigan, states that “Circumstantial evidence can be, and often is much more powerful than direct evidence." Many cases today are proven by the evidence of al-qarinah rather than direct evidence. Al-Qarinah is a conviction by circumstantial evidence, while black magic is an evil human practice assisted by evils and demons. The hidden and secret methods of black magic are not readily known, but the effects are real and genuine. When a crime is committed using black magic, the problem arises as to how to prove it. In Islam, every problem that occurs, it will have its solution. The proposed method mentions يحدث للناس أقضية بقدر ما أحدثوا من الفجور. One of the featured ways is al-qarinah. This paper will discuss the role of al-qarinah in the criminal conviction of black magic. This study is qualitative, inductive, deductive, comparative and analytical methods are used as the basis of this study. The findings show that the conviction of a black magic criminal offense is not legally possible. It can be done by strengthening al-qarinah and some other suggestions.

Keywords: al-Qarinah, description of circumstances, black magic convictions, black magic crimes