The Role of Modern Scientific Evidence in Proving Rights and Resolving Financial Disputes according to Islamic Jurisprudence

Abstract

This research focuses on the topic of proving rights and resolving financial disputes by means of modern scientific evidence. Examples of these rights and disputes are the right of inheritance, the spouses’ financial rights, commercial fraud crimes and the consequent financial compensation and penalties. These penalties are explained after defining them, indicating their types, and their validity according to the four schools of jurisprudence. The most well-known types used in the security and judicial fields are also mentioned.

The research objectives are as follows:

1- Clarify the concept of modern scientific evidence and its types.

2- State the validity of scientific evidence in the sight of Islamic jurists when proving financial rights.

3- Prove the financial rights related to inheritance issues, spouses’ rights, commercial fraud crimes, and resolving disputes by means of modern scientific evidence.

An analytical inductive approach is adopted. It is based on the clarification of the role of modern scientific evidence in proving rights and resolving financial disputes according to Islamic jurisprudence.

Findings from this research are explained at the end. They confirm the importance of modern scientific evidence in proving people's rights and resolving financial disputes among them.

The research also made important recommendations that are listed at the end.