فقہ اسلامی میں گواہی و اعتراف کی شرائط اور موجودہ دور کے جاسوسی مقدمات میں ان کا عملی اطلاق

The Conditions of Testimony and Confession in Islamic Jurisprudence and Their Practical Application in Contemporary Espionage Cases

Abstract

The paper is an insight into the classical Islamic jurisprudential demands related to testimony (shahada) and confession (iqrar) as the key evidentiary principles and a critical analysis of how the two can be applied to current cases involving espionage. Islamic legal tradition has always considered testimony by upright witnesses and voluntary confession as the two most important foundations of judicial decisions, to secure justice, transparency and safeguard the rights of individuals. But with changing face of espionage especially in digital age, such standard demands have brought about some distinct requirements. Most cases of espionage are also done in secrecy, across borders or by use of very advanced technology and as such, it is almost impossible to get first hand witnesses or voluntary confessions. This leads to the all-important question of whether contemporary evidence can be identified as such, i.e., CCTV footage, electronic correspondence, cyber-forensic reports, and digital logs can be considered as appropriate substitutes in the context of Islamic jurisprudence. It looks at how indirect and circumstantial evidence (qara'in) was addressed by Islamic scholars, classical and modern. Some thinkers, including Ibn Taymiyyah and Ibn al-Qayyim, stressed the usefulness of potent circumstantial evidence where such evidence is not available, especially in issues of national security and national interest. In working through all these lines of thinking, the study illustrates a potential that exists in reconciling classical principles of evidentiary with modern legal issues. It goes on to analyze under what jurisprudential circumstances valid confessions are made, highlighting that coerced or forced confessions are invalid under Sharia, a notion that is also consistent with the contemporary human rights principle. In addition, the paper assesses the position of the modern juristic institutions and legal frameworks in the Muslim dominant nations that are gradually adopting scientific and technological evidence in espionage cases. The study highlights the importance of well-crafted principles that can enable digital and forensic evidence to work as supplementary or even conclusive evidence, as long as measures are put in place to prevent any manipulation and unfairness. Finally, the study contends that Islamic jurisprudence has the capacity and ability to deal with espionage in the contemporary world. This approach ensures both the preservation of classical principles and the accommodation of modern evidentiary needs, thereby reinforcing the relevance of Islamic law in today’s legal and political environment.