The Application of Opinion Testimony as a Method of Proof in Witchcraft Crimes in the Syariah Court
Year: 2024
Type: article
Abstract: The proof of witchcraft crimes in the Syariah Court poses a significant challenge due to its subjective nature and the absence of tangible physical evidence. Witchcraft crimes are difficult to establish through conventional methods of proof, necessitating expert and non-expert opinions from various parties, including medical, forensic, and psychological experts, as well as Islamic healing practitioners. The objective of this article is to explore the application of expert opinions such as those from medical, forensic, psychological experts, and Islamic healers, alongside non-expert opinions, including specific witnesses, in proving witchcraft crimes in the Syariah Court. The research methodology adopts a qualitative approach by analyzing primary and secondary sources, including statutes, court decisions, journals, books, and case reports, and is analyzed using an Islamic jurisprudential approach. The findings indicate that the use of expert opinions provides a stronger scientific basis, while non-expert opinions complement the evidence through experience and direct observation. Proving witchcraft crimes requires a conclusive and comprehensive combination of expert and non-expert opinions. Legislative recommendations include expanding the scope of both types of opinions and introducing specific procedures to ensure the effectiveness of proving witchcraft crimes in the Syariah Court.
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4406076818