The Resources the Prophetic Names: An Analytical Descriptive Study

This research is an attempt to reveal the resources from which scholars took the prophetic names; the importance of the research lies in its relation to the prophetic names that are not taken without legal evidence, since they are within the general scope of the prophetic hadith, the research aims to identify the prophetic names, determine the valid criteria to be adopted, identify the suspicions in their error, to collect the nominal resources of the authors in the prophetic names , knowledge of these resources order in terms of validity, I have adopted the descriptive analytical approach explaining the resources and their ranks and their derivational methods, verifying the resources' validity, ways of evaluating. The result of research has concluded with four criteria to verify the prophetic names which are including validity of names’ resources, validity of derivation, confirmation of narration, and to not indicate inappropriate meanings. Also, It limited the nominal resources in eight resources including the explicit Qur’anic text, related to Qur’anic text, anomalous Qur’anic recitation, accepted hadith, rejected hadith, mauquf and maqthu traditions, Bible and Gospel and previous books, and the poems that praised or lamented Prophet ﷺ. Moreover, the research arranged the resources according to their strength and reliability into five ranks which are proper names of prophet ﷺ, names mentioned explicitly in Qur’an, names mentioned in valid and confirmed anomalous Qur’anic recitation and accepted hadith, names mentioned in poems that praised or lamented Prophet ﷺ by his companions, and then names and descriptions that mentioned in previous books and commonly accepted by scholars in this filed. The research recommended the careful investigation of the manuscript in the books of the prophetic names, and further research into the inference of the considered names.

Individual Identification with Short Tandem Repeat Analysis and Collection of Secondary Information Using Microbiome Analysis

Forensic investigation is important to analyze evidence and facilitate the search for key individuals, such as suspects and victims in a criminal case. The forensic use of genomic DNA has increased with the development of DNA sequencing technology, thereby enabling additional analysis during criminal investigations when additional legal evidence is required. In this study, we used next-generation sequencing to facilitate the generation of complementary data in order to analyze human evidence obtained through short tandem repeat (STR) analysis. We examined the applicability and potential of analyzing microbial genome communities. Microbiological supplementation information was confirmed for two of four failed STR samples. Additionally, the accuracy of the gargle sample was confirmed to be as high as 100% and was highly likely to be classified as a body fluid sample. Our experimental method confirmed that anthropological and microbiological evidence can be obtained by performing two experiments with one extraction. We discuss the advantages and disadvantages of using these techniques, explore prospects in the forensic field, and highlight suggestions for future research.

Matrimonial property and legality of claiming it between fiqh and the laws of Malaysia, Morocco and Tunisia

One of the most important goals of the marital relationship is the affection and compassion that drive spouses to cooperate together in earning their livelihood. When the marital relationship breaks down, each of the spouses would claim his/her share of the matrimonial property; such claim is different from the stipulated legal dues such as the inheritance and the alimony. The question is, what is the definition of the matrimonial property? Does this concept exist in the old Islamic jurisprudence? Is it legal to claim this money by one of the spouses or their heirs? And to what extent is the interest achieved or hardship avoided if the claimant is given his/her share? What is the position of the Malaysian Judiciary and its legal text on that issue? What is the stand of the official fatwa departments on this issue? What are the types of legal evidence cited by the different fatwas related to the matrimonial property? Moreover, are there countries other than Malaysia that have adopted this system?

Forensic Translations of Music in Copyright Litigation

For nearly two centuries, musical expert witnesses and amicus curiae have played an essential role in federal copyright litigation, but one that is framed by cumulating legal regulations. This chapter takes an interdisciplinary approach to investigate the effect of such regulations on the available sources for forensic musical analysis and the contributions of contemporary experts to legal evaluations of alleged infringement. Because federal rules and judicial precedent have limited the questions to which experts may respond, their role in litigation might be understood as one of translation, rendering music as legal evidence. This situation has led to trends in both the techniques that experts apply and the issues they encounter. Although non-dispositive, these contributions have the potential to influence the outcome of each case and the development of public law surrounding music as intellectual property.

Pertimbangan Hakim Atas Penghadiran Bukti Digital Forensik dalam Perkara Kejahatan Fraud

The problems in this research are regulate digital forensic law in proving crime in Indonesia, judges consider the presence of digital forensic evidence in fraud crime. This research uses normative juridical approach, by examining and interpreting matters relating theoretical principles, conceptions, doctrines and legal norms relating to the presence of forensic digital evidence. The result showed that digital Forensic Arrangements in analyzing digital evidence in terms of proving criminal acts are not specifically regulated in the Criminal Procedure Code (KUHAP) because exceptions to electronic / digital evidence are regulated in the Information and Electronic Transaction (ITE) Act so that can be a legal basis for digital forensics. Law No. 11 of 2008 on Information and Electronic Transactions on Article 5 has been clearly stated that electronic information is a valid legal evidence in the form of electronic information and / or electronic documents and / or printout. The rise of data fraud requires a legal arrangement that is expected to be able to prevent and reduce these crimes. For this reason, it is important to elaborate legal arrangements for both implementation and criminal sanctions related to data fraud in Indonesia.

Coherence in Legal Evidence

This chapter discusses the concept of coherence and its role in evidential reasoning in law. It examines three main approaches to coherence, namely, structural coherence, narrative coherence, and coherence as constraint satisfaction, and argues that coherence as constraint satisfaction provides an account of the kind of coherence that is relevant to legal fact-finding that is both descriptively adequate and normatively appealing. Next, it addresses some problems concerning the relation between coherence and inference, coherence and virtue, and coherence and truth in the context of legal factfinding. More specifically, it examines three main objections facing a coherentist account of inference, i.e., conservatism, circularity and unfeasibility, and conceptualizes it as an explanatory kind of inference. Then, it articulates a problem that has not been traditionally discussed in the coherentist literature, to wit, the coherence bias, and argues that virtue coherentism has the resources to effectively counteract it. Last, it defends the coherentist approach to evidence and legal proof against three objections that put into question the truth-conduciveness of coherence, namely, the isolation or input objection, the alternative coherent systems objection, and the truth objection. The chapter concludes by suggesting some avenues for further research on coherence, evidence, and legal proof.

Philosophical Foundations of Evidence Law

Philosophical Foundations of Evidence Law presents a cross-disciplinary overview of the core issues in the theory and methodology of adjudicative evidence and factfinding, assembling the major philosophical and interdisciplinary insights that define evidence theory, as related to law, in a single book. The volume presents contemporary debates on truth, knowledge, rational beliefs, proof, argumentation, explanation, coherence, probability, economics, psychology, bias, gender, and race. It covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory, and inference to the best explanation. The volume’s contributions come from scholars spread across three continents and twelve different countries, whose common interest is evidence theory as related to law.

Linguistic Evidentials and the Law of Hearsay

This chapter explores the relationship between how natural language expresses degrees of certainty in the truth of an assertion on the one hand, and how the law handles this issue on the other. This discussion focuses, in particular, on the hearsay doctrine and on the linguistic elements identified as “evidentials:” expressions that include information about how speakers came to know the assertions they make. The hearsay rule bars certain kinds of speech acts from serving as legal evidence, in particular, assertions that report what another person earlier said, and which are offered to express the truth about the events at issue in a case. The author links the law governing hearsay in terms of speech act theory, a connection also drawn by the philosopher John Langshaw Austin, who observed that statements offered to prove the fact of the speech act rather than the truth of the matter asserted are admissible.

Looking through the lens of a sexual assault examiner: novel trends and approaches in forensic photography

Background Sexual violence is cancerous, and it malignantly affects all strata of our community regardless of age, gender, race, ability, and social status. Excellent healthcare service requires professionals who can do a sexual assault examination, collect medico-legal evidence, take photographs of patients' anatomy that was involved in the assault and document what is there and where it is in relation to the victims or perpetrators body or other parts of the crime scene, whether or not it is connected to the crime. Main text The objective of this article to orient the professions to the novel trends and approaches in forensic photography, namely e-consent, digital cameras and their accessories, dedicated forensic software, and photographic protocols and procedures. Conclusion The inadequate and improper collection, preservation and presentation of evidence can lead to crime scene errors and fewer conviction rates. Training in forensic photography is vital and a game-changer in the sexual assault examination.

Keterangan Saksi dengan Gangguan Jiwa Sebagai Alat Bukti di Pengadilan

Witness testimony is evidence tool in the first sequence in the Criminal Procedure Code (KUHAP) so it can be said there is no criminal case which escapes from the proof of witness testimony. The legal requirement for a witness's statement is when a witness takes an oath. However, in article 171 letter b of the Criminal Procedure Code (KUHAP) states that a person may give testimony without swearing, that is, a person who has memory loss or mental illness, although sometimes his memory is back. In psychology is referred to psychopaat, but the information given cannot be justified perfectly and his information is only used as a guide or additional legal evidence tool as long as it is compatible with legal evidence tool. This study uses the typology of doctrinal research with a legislation approach, conceptual approach, and case approach. Witness testimony given without the oath is considered not a valid evidence but is used as an adjunct to perfect the strength of legal evidence tool because it can strengthen the judge's conviction.Keywords: Evidence Tool; Witnesses; Mental Disorder; Responsibility.AbstrakKeterangan saksi merupakan alat bukti pada urutan pertama dalam KUHAP sehingga dapat dikatakan bahwa tiada suatu perkara pidana yang luput dari pembuktian keterangan saksi. Syarat sah keterangan saksi adalah ketika seorang saksi mengucapkan sumpah. Namun pada pasal 171 huruf b KUHAP menyatakan bahwa seseorang boleh memberikan keterangan tanpa sumpah yaitu orang yang mengalami sakit ingatan atau sakit jiwa meskipun kadang-kadang ingatannya kembali dalam ilmu penyakit jiwa disebut dengan psychopaat, tetapi keterangan yang diberikan tidak dapat dipertanggungjawabkan secara sempurna dan keterangannya hanya dipakai sebagai petunjuk atau tambahan alat bukti sah asalkan berkesuaian dengan alat bukti sah. Penelitian ini menggunakan tipologi penelitian doktrinal dengan pendekatan perundang-undangan, pendekatan konseptual, dan pendekatan kasus. Keterangan saksi yang diberikan tanpa sumpah dinilai bukan merupakan alat bukti yang sah namun digunakan sebagai tambahan untuk menyempurnakan kekuatan pembuktian alat bukti yang sah karena dapat menguatkan keyakinan hakim.Kata Kunci: Alat Bukti; Saksi; Gangguan Jiwa; Tanggungjawab.