Circumstantial Evidence in Islamic Law and the Extent of its Application in the Saudi Legal System 10.35781/1637-000-171-002

Abstract

Abstract
Abstract

This research aims to clarify the nature of circumstantial evidence from a linguistic, legal, and religious perspective, and to define its technical meaning in Islamic jurisprudence and contemporary legal systems. It also examines the categories of circumstantial evidence in Islamic jurisprudence and law, highlighting points of agreement and disagreement between the jurisprudential and legal classifications of circumstantial evidence. Furthermore, it analyzes the types of circumstantial evidence in terms of their source, strength, and relationship to the fact being proven, and explains the impact of these factors on their admissibility and the extent to which they are considered in court.
This research employed an inductive, analytical, and comparative approach, striving to cover all aspects of the topic to the fullest extent possible. It compared the four major schools of Islamic jurisprudence, presenting the subject first from a jurisprudential perspective, followed by an explanation of the relevant laws and legal articles. The conclusion summarizes the most important findings, including the significant role of circumstantial evidence in criminal proceedings, both scientifically, due to advancements in science, and practically, in strengthening other forms of evidence such as witness testimony, confessions, and so on.
Keywords: (circumstantial evidence - jurisprudence - law - Saudi legal system)