Supreme Court has ruled today that DNA is a solid unit of evidence that can be relied upon in cases of Hadd (crimes and penalties specifically mentioned in the Quran) and Qisas (retaliation in kind, legal retribution or retributive justice) cases. DNA cannot be submitted as proof in cases of hadd and qisas. However, there has been differences in opinion on whether it can be admitted as evidence in such cases. Supreme Court has issued a resolution to this question in Thursday's ruling in the appeal case of the death sentence passed by the High Court on the murder of Ali Shifan (Tholhi Peley) ten years ago near West Park. Chief Justice Muhthasim Adnan stated that DNA is a proven, reliable source in today's technologically advanced world that carries a lot of weight. He stated that accepting DNA evidence in criminal cases does not contradict Islamic Shariah. In proving this point, the Chief Justice referred to the words of various religious scholars. The ruling noted that according to scholars, proving cases of qisas through DNA is permitted in both Hanafi and Maliki mazhabs. Based on this, the Chief Justice stated that if a DNA evidence submitted to the court was gathered and investigated by learned and qualified experts in the field, such submissions can be considered as evidence in court cases. The Supreme Court ruling said that DNA reports added significant weight to other proof and evidence submitted to prove guilt in cases of murder. "DNA is a strong evidence. However, it can only be considered as absolutely reliable through boundaries set by the court," the ruling reads. All five judges on the bench were unanimously in favour of this ruling.
Sign In