Supreme Court Affirms DNA as Reliable Evidence in Hadd and Qisas Cases

The Supreme Court declared on Thursday that DNA is a valid form of evidence that can be deemed credible in cases involving Hadd (crimes and penalties explicitly stated in the Quran) and Qisas (retaliation in kind, legal retribution, or retributive justice). 

The ruling addresses a longstanding debate on whether DNA should be admissible in such cases.

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The resolution came during Thursday’s ruling on the appeal case concerning the death sentence imposed by the High Court in the decade-old murder case of Ali Shifan (Tholhi Peley) near West Park. 

Chief Justice Muhthasim Adnan asserted that DNA stands as a proven and reliable source in today’s technologically advanced world, emphasising that its acceptance in criminal cases aligns with Islamic Shariah.

Chief Justice Adnan supported this stance by referencing the perspectives of various religious scholars. The ruling highlighted that, according to scholars, both the Hanafi and Maliki mazhabs permit the use of DNA evidence in proving cases of Qisas. 

Emphasising the importance of qualified experts in the field, the Chief Justice stated that DNA evidence, when collected and investigated by proficient professionals, should be considered admissible in court.

The Supreme Court’s decision underscored the significant weight that DNA reports add to other proofs and evidence presented to establish guilt in murder cases.

The ruling clarified that while DNA is a potent form of evidence, its reliability is contingent on adhering to the boundaries set by the court.