Proving adultery by modern means in the light of Islamic jurisprudence

Abstract

Proving adultery by modern means in the light of Islamic jurisprudence by: Dr. Mohammad Said Mohammad Albaghdady. Islamic jurisprudence relies on proving the crime of adultery on some means that leave no room for doubt in the commission of this crime, but in our time some modern means have appeared, such as: photography, video shooting, genetic fingerprint (DNA), and confession of committing the crime through Chat programs, etc. Are these means a definitive way to prove the occurrence of adultery? Is it possible to rely on some of them to deny the occurrence of adultery? Can it be used in some fields of genealogy? This research aims to clarify the means of proving adultery adopted in Islamic law, and to clarify how to benefit from modern means of evidence in the field of genealogy, and to provide appropriate suggestions and recommendations in this field. The research relied on a number of research methods, namely: inductive, deductive, and descriptive-analytical. The research reached a set of results, the most important of them are: that Sharia laid down precise conditions that are difficult to meet or exist to prove adultery. And the jurists agreed that adultery is proven by one of two things: confession, and testimony, and they differed as to whether it was established by clues. And that all of these modern means are not considered a means of proving the crime of adultery, because each of them touched on the possibility, but these means are taken as an acceptable clue, but they are not relied upon unless there are elements of protection against forgery, imitation and manipulation.