Accepted Manuscript Forensic Science in the Context of Islamic Law: a review Theeb Alkahtani, Khaldoon Aljerian, Bartholomew Golding, research consultant, Sakher Alqahtani PII:
S1752-928X(15)00080-3
DOI:
10.1016/j.jflm.2015.04.017
Reference:
YJFLM 1160
To appear in:
Journal of Forensic and Legal Medicine
Received Date: 22 February 2015 Revised Date:
31 March 2015
Accepted Date: 30 April 2015
Please cite this article as: Alkahtani T, Aljerian K, Golding B, Alqahtani S, Forensic Science in the Context of Islamic Law: a review, Journal of Forensic and Legal Medicine (2015), doi: 10.1016/ j.jflm.2015.04.017. This is a PDF file of an unedited manuscript that has been accepted for publication. As a service to our customers we are providing this early version of the manuscript. The manuscript will undergo copyediting, typesetting, and review of the resulting proof before it is published in its final form. Please note that during the production process errors may be discovered which could affect the content, and all legal disclaimers that apply to the journal pertain.
Literature review
ACCEPTED MANUSCRIPT
Forensic Science in the Context of Islamic Law: a review Alkahtani TheebA, Aljerian KhaldoonA, Golding Bartholomew, Alqahtani Sakher *
A
King Khalid University Hospital, College of Medicine, King Saud University, Forensic Medicine and Toxicology Unit
* College of Dentistry, King Saud University
RI PT
*King Khalid University Hospital, College of Medicine, King Saud University, Department of Pathology,
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Corresponding Author: E-mail: [email protected]
M AN U
Phone Number: 00966500520242
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EP
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Mobile Number: 009660114670011
Literature review
ACCEPTED MANUSCRIPT
Forensic Science in the Context of Islamic Law: a review ABSTRACT ____________________________________________________________________ Even though it is still in its nascent phase, forensic science has already encountered strong resistance in Saudi Arabia due to its incompatibility with their present legal system. What follow is a review on the status of forensic medicine and its future in terms of acceptance and use in legal action.
RI PT
ARTICLE INFO _____________ Article history Received Accepted Available Online ______________ Keywords:
SC
Sharia Law Saudi Arabia Forensic Future
control over sales, media and the rights of an individual [1,2]. Of particular note in Sharia law is that women have are denied the right to selfdefense, self-representation and are only allowed to have dealings with men through a male chaperon. This, unfortunately, means they have no presence in legal matters and are limited in what professions they can carry out, being mostly confined to basic nursing [1], although recent modifications of the law have led to some additional opportunities.
M AN U
1. Sharia Law in Saudi Arabia
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Saudi Arabia is a relatively new country, founded in 1932 by Abdul-Aziz when he managed to unite the more westernized Red sea coastal cities and the more traditional east coast cities under one banner [1]. Despite its lack of history as a unified country, its’ cultural and, above all, religious practices have a rich and extensive history, being the birthplace of Islam and the location of Makkah, the holy city.
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EP
The religious aspect of Saudi Arabia culture is of particular importance as it is at the core of the countries foundation. Due to an oath, taken between the initial ruling family (Al-Saud) and the religious movement, led by Muhammad ibn Abd al-Wahhab, known as the Wahhabi mission, the country is structured around the premise that the ruling family manages the political aspects of government, whilst religious authorities claim and manage all other aspects of governance, such as education and, more importantly for this review, the court system [1,2] As dictated by the oath, all law in Saudi Arabia must follow the strict principles on which the Wahhabi mission was founded, all of which are taken from their holy scriptures, the Qu’ Ran [1,4]. These laws, known as Sharia law, cover all the aspects of basic legal systems, such as the control of criminal activity, to laws that exert
All Sharia courts are presided over by one judge and these in turn are nominated and monitored by the Ministry of Justice, the minister of which is chosen by the king from amongst his religious leaders [1]. The qualifications necessary to become a judge are a prolonged study of the Qu’Ran and Sunnah. Almost all cases are heard in closed sessions, despite a new law passed in 2002 that requires open court proceedings, and judgments and punishment are usually applied quickly and severely [1,4]. As for defense of the accused, most cases are conducted without due process, with no defense provided for the accused despite recent laws against this, and appeals are extremely rare, being largely based on mercy rather than innocence [2]. The fundamental problem with the legal system in Saudi Arabia is that it lacks a penal code. All verdicts are stand-alone with no necessity of
M AN U
Forensics is a branch of medicine that specializes in gathering and presenting medical evidence in legal disputes [5]. The evidence can be gathered from both live and deceased subjects depending on what is trying to be established, be it the degree of injury sustained in an assault or cause of death in a murder.
And in this lies the problem. Credibility is not just based on the individual’s background in a field and what is clear to a certain member of a jury may be unclear to the next. A study into an expert witnesses credibility found that factors such as perceived impartiality, confidence with the subject and even appearance influence how the evidence provided by an expert witness is taken in court [11, 12]. This also means, unfortunately, that the side that can “field” the best expert witness is more likely to win a case, something that should not be possible by scientific facts alone [13].
SC
2. Forensic Medicine- The Expert Witness
RI PT
coherence with previous rulings and what specialized fields such as nursing, neurology, etc. ACCEPTED MANUSCRIPT constitutes a crime is largely open to personal [9, 10]. views [2]. However, recently, attempts have been made to improve the justice system in Saudi As can be expected, the evidence presented by an Arabia by codifying Sharia law [2, 3]. The expert witness is of extreme importance; his or her project was set in motion in 2010 by king word could be the difference between being tried Abdullah bin Abdul-Aziz as part of a major for manslaughter or murder, poisoning or suicide overhaul of the countries judicial system, but it is and many other cases where the difference progressing slowly as it faces strong opposition between sentences is vast [11]. It is therefore of from the leading religious bodies in the country extreme importance that the expert be credible and [3]. clear in his or her presentation.
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Its history is difficult to ascertain. Although the study of the human body is documented since ancient Egypt, evidence of its use in legal proceedings is scant or entirely absent [5]. The first clear sign of forensics in Europe only arrives at the very end of the Roman Empire with the Justinian Laws, in which the validity of a medical expert as a witness is briefly alluded to [6].
AC C
EP
With the advent of the Dark Ages, forensic medicine became twisted and lost by religious dogma and was only found to resurface in the mid-16th century. At this time, the Caroline Code was published in which it was stated that all judges must seek the opinion of a medical expert in cases involving murder, poisoning or any other form of personal injury [7]. From this point onwards, forensic medicine evolved rapidly and, in the last century, has become a staple of most legal proceedings in Europe and America [5]. An expert witness is an individual who has sufficient experience in a given field to present a credible opinion in legal proceedings [8], whose role it is to help clarify complex subjects so they can be understood by judges and juries [12]. . This can include any profession, from broad subjects such as historians or accountants to highly
There is also the matter of ethics to be considered when a medical expert witness is called to testify. If the accused or defendant is a patient, should the physician breach confidentiality and can he be expected to remain impartial throughout the proceedings? These vulnerabilities are often used by the opposition as a way to try dismissing the expert witness as unsound in his judgment [12, 13]. 3. Forensics in the Context of Sharia Law: The Difficulties As stated previously, the proceedings in a Sharia court differ significantly from those practiced in the European court system. It is not surprising therefore that recent attempts at integrating some more Westernized practices into Islamic law have met with strong resistance. The first problem is one of time. Saudi Arabia is a new country and so is its healthcare system; the oldest health centers being no more than 86 years old (Taif and Makkah) [14]. Practice policies, codes of conduct and medical accountability laws are as recent as 1986 [14]. Compounding this,
AC C
EP
TE D
M AN U
SC
RI PT
Can Saudi Arabia introduce forensics, specifically there is also a lack of cohesion and direction ACCEPTED MANUSCRIPT as expert witnesses, into its legal system? This is a within the educational system. Each medical hard question to answer. If we consider other institution determines internally the contents of countries that also followed Sharia law, the the curriculum, assessment and teaching answer would be yes. The Egyptian government strategies, leaving the country without a standard took the more drastic approach and banned Sharia to measure competency with [15]. courts, implementing a law system very akin to Common Law in Europe [19]. Other countries, Islamic customs surrounding death and the such as Iraq and Qatar (current events not treatment of the dead also serve as a major withstanding) have also managed to integrate stumbling block. The human body is considered forensic science into their legal system, albeit in a sacred in Islam; the practices of embalming and less extreme form than the Egyptians [20, 21]. dissection for whatever reason being abhorrent and forbidden [16]. This presents a serious However, Saudi Arabia is far more conservative problem for forensic medicine as it makes the than these countries and prides itself of its pristine acquisition of post-mortem evidence impossible. adherence to traditions and Wahhabi mission’s interpretation of the scriptures. Its high ranking Next is the perception of Saudi culture of medical religious figures hold vast amounts of power over conditions. Although attempting to modernize in the rulings of the country and resist any change various ways, some conservative views still persist in Saudi Arabia such as the belief that fiercely. Any change to the judicious system must therefore begin by convincing pious men to allow mental illness is not a medical condition but a change, and that is extremely difficult, as history divine punishment or demonic possession [17, has shown. 18]. Furthermore, there arises the problem of confidentiality. In Sharia law, confidential It is also important that the medical community information, such as exists between a doctor and a begin the arduous process of proving their validity patient, is considered sacrosanct and its as both scientists and experts in any field, forensic divulgence is considered ungodly. In fact, if such or otherwise. This will require a large overhaul of information is divulged under forced conditions their teaching system and standardization of (such as by questioning in a court of law), the assessment so any one individual can be judged physician, acting as expert witness, is permitted to fairly on his competence and expertise. If this give false testimony [18]. requirement is present in Common law, it is twice as important to be present in Saudi law where Finally, we approach the problem of legal even legal defense is afforded on sufferance. representation. Although the particular kind of Sharia law practiced in Saudi Arabia allows for Finally, there will have to be a cultural shift by the legal defense, it is uncommon. This is not only general population in terms of their views on due to the reasons mentioned in the previous death. If autopsies are prohibited due to religious section but due to a belief that Sharia law, being anointed by God, provides a defendant with all he views on the human body, one of the keystones of medical education and forensics is invalidated, needs to protect himself if he is innocent. Asking making the entire science suspect at best. Not only for legal experts or outside witnesses (such as forensic experts) is seen as turning to a stranger this, metaphysical ideology must be set aside to allow for proper conclusions to be reached. It is for help and is akin to an admission of guilt [4]. extremely difficult to stand witness for any case where even the time of death cannot be 4. The Future of Forensics in Saudi Arabia: Can established because Saudi Arabian culture draws a It Happen? distinction between death of self and death of soul, the latter being the significant one in legal What follows is the author’s personal opinion cases [22]. based on previously mentioned evidence and is not meant to illustrate fact.
10. Cohen F. (2004). The expert medical
ACCEPTED MANUSCRIPT witness in legal perspective. The Journal 5. References
of Legal Medicine 25, 185–209
13. Rich B. (2006). The treating physician as expert witness: ethical and pragmatic considerations. Pain Medicine 7, 460-463. 14. Al-Rabeeah A. (2003). The history of health care in the Kingdom of Saudi Arabia with emphasis on paediatric surgery. Saudi Medical Journal 24, s9-s10. 15. Bajammal S. et al. (2008). The need for national medical licensing examination in Saudi Arabia. BMC Medical Education 8, 1-15.
M AN U
3. Murphy, C. Middle East Online (2010). Saudi to codify Sharia 'for clarity [Online]. Available at: http://www.middle-eastonline.com/english/?id=40144. [Accessed] 21st June 2014
12. Brodsky S. et al. (2010). The witness credibility scale: an outcome measure for expert witness research. Behavioral Sciences and the Law 28, 892-907
RI PT
2. Human Rights Watch (2008). Precarious Justice [Online]20.Available at: http://books.google.pt/books/about/Precari ous_Justice.html?id=xwGojEygbqAC&red ir_esc=y [Accessed] 21st June 2014
11. Vinen J. (2003). The problem facing the expert witness: Does the tail wag the dog. Emergency Medicine 15, 213-214.
SC
1. Democracy Web: Comparative Studies in Freedom. Rule of Law: Country Studies Saudi Arabia. [Online].Available at: http://www.democracyweb.org/rule/saudia rabia.php. [Accessed] 21st June 2014
4. Black A. (2012). How Islamic law and English common law are conceptualized and apply to an unlawful killing. Griffith law review 21 (2), 499-532.
TE D
5. Smith S. (1951). The history and development of forensic medicine. British Medical Journal 24, 599-607
6. Wikipedia. The Codex Justinianus [Online]. Available at: http://en.wikipedia.org/wiki/Codex_Justini anus. [Accessed] 21st June 2014
AC C
EP
7. Wikipedia. Caroline Code [Online]. Available at: http://en.wikipedia.org/wiki/Constitutio_C riminalis_Carolina. [Accessed] 21st June 2014 8. Oxford Dictionary. Expert Witnessdefinition [Online]. Available at: http://www.oxforddictionaries.com/definiti on/english/expert-witness. [Accessed] 21st June 2014. 9. McConnell T., Vaughn S. (2010). Standards for nurse expert witnesses: A recommendation. Journal of Legal Nurse Consulting 21, 3-7. clinical and Islamic legal discourse. Theor Med Bioeth 34, 117-13
16. Gatrad A. (1994). Muslim customs surrounding death, bereavement, postmortem examinations and organ transplants. BMJ 309, 521-523. 17. Pridmore S., Pasha M. (2004). Psychiatry and Islam. Australian Psychiatry 12, 380385. 18. Chaleby K. (1996). Issues in forensic psychiatry in Islamic Jurisprudence. Bull Am Acad Psychiatry Law 24, 117-124. 19. Shaham R. (2010). The expert witness in Islamic courts: medicine and crafts in the service of law. Islamic Law and Society 19, 458-466. 20. Ali W. (1980).The establishment and practice of forensic medicine in Iraq. Am J Forensic Med Pathol 81, 81-84. 21. Bhootra B. (2005). Forensic pathology services and autopsy law of Qatar. J Clin Forensic Med 13, 15-20. 22. Qazi F. et al. (2013). The degree of certainty in brain death: probability in
ACCEPTED MANUSCRIPT
Acknowledgements:
AC C
EP
TE D
M AN U
SC
RI PT
We would like to express our gratitude to College of Medicine Research Center, Deanship of Scientific Research, King Saud University for their guidance, encouragement and critique of this project.
ACCEPTED MANUSCRIPT
RI PT
Dear Sir / Madam,
Please find enclosed a manuscript entitled: " Forensic Science in the Context of Islamic Law: a review " which I am submitting for exclusive consideration of publication as an article in Journal of Forensic and Legal Medicine.
M AN U
SC
Our paper highlights: 1- the legal system in Saudi Arabia . 2- the presence and state of medicine in Saudi Arabia. 3- the use of forensics in legal proceedings. 4- Expert witnesses in Sharia law
AC C
EP
TE D
Sincerely,
S1752-928X(15)00080-3
DOI:
10.1016/j.jflm.2015.04.017
Reference:
YJFLM 1160
To appear in:
Journal of Forensic and Legal Medicine
Received Date: 22 February 2015 Revised Date:
31 March 2015
Accepted Date: 30 April 2015
Please cite this article as: Alkahtani T, Aljerian K, Golding B, Alqahtani S, Forensic Science in the Context of Islamic Law: a review, Journal of Forensic and Legal Medicine (2015), doi: 10.1016/ j.jflm.2015.04.017. This is a PDF file of an unedited manuscript that has been accepted for publication. As a service to our customers we are providing this early version of the manuscript. The manuscript will undergo copyediting, typesetting, and review of the resulting proof before it is published in its final form. Please note that during the production process errors may be discovered which could affect the content, and all legal disclaimers that apply to the journal pertain.
Literature review
ACCEPTED MANUSCRIPT
Forensic Science in the Context of Islamic Law: a review Alkahtani TheebA, Aljerian KhaldoonA, Golding Bartholomew, Alqahtani Sakher *
A
King Khalid University Hospital, College of Medicine, King Saud University, Forensic Medicine and Toxicology Unit
* College of Dentistry, King Saud University
RI PT
*King Khalid University Hospital, College of Medicine, King Saud University, Department of Pathology,
SC
Corresponding Author: E-mail: [email protected]
M AN U
Phone Number: 00966500520242
AC C
EP
TE D
Mobile Number: 009660114670011
Literature review
ACCEPTED MANUSCRIPT
Forensic Science in the Context of Islamic Law: a review ABSTRACT ____________________________________________________________________ Even though it is still in its nascent phase, forensic science has already encountered strong resistance in Saudi Arabia due to its incompatibility with their present legal system. What follow is a review on the status of forensic medicine and its future in terms of acceptance and use in legal action.
RI PT
ARTICLE INFO _____________ Article history Received Accepted Available Online ______________ Keywords:
SC
Sharia Law Saudi Arabia Forensic Future
control over sales, media and the rights of an individual [1,2]. Of particular note in Sharia law is that women have are denied the right to selfdefense, self-representation and are only allowed to have dealings with men through a male chaperon. This, unfortunately, means they have no presence in legal matters and are limited in what professions they can carry out, being mostly confined to basic nursing [1], although recent modifications of the law have led to some additional opportunities.
M AN U
1. Sharia Law in Saudi Arabia
TE D
Saudi Arabia is a relatively new country, founded in 1932 by Abdul-Aziz when he managed to unite the more westernized Red sea coastal cities and the more traditional east coast cities under one banner [1]. Despite its lack of history as a unified country, its’ cultural and, above all, religious practices have a rich and extensive history, being the birthplace of Islam and the location of Makkah, the holy city.
AC C
EP
The religious aspect of Saudi Arabia culture is of particular importance as it is at the core of the countries foundation. Due to an oath, taken between the initial ruling family (Al-Saud) and the religious movement, led by Muhammad ibn Abd al-Wahhab, known as the Wahhabi mission, the country is structured around the premise that the ruling family manages the political aspects of government, whilst religious authorities claim and manage all other aspects of governance, such as education and, more importantly for this review, the court system [1,2] As dictated by the oath, all law in Saudi Arabia must follow the strict principles on which the Wahhabi mission was founded, all of which are taken from their holy scriptures, the Qu’ Ran [1,4]. These laws, known as Sharia law, cover all the aspects of basic legal systems, such as the control of criminal activity, to laws that exert
All Sharia courts are presided over by one judge and these in turn are nominated and monitored by the Ministry of Justice, the minister of which is chosen by the king from amongst his religious leaders [1]. The qualifications necessary to become a judge are a prolonged study of the Qu’Ran and Sunnah. Almost all cases are heard in closed sessions, despite a new law passed in 2002 that requires open court proceedings, and judgments and punishment are usually applied quickly and severely [1,4]. As for defense of the accused, most cases are conducted without due process, with no defense provided for the accused despite recent laws against this, and appeals are extremely rare, being largely based on mercy rather than innocence [2]. The fundamental problem with the legal system in Saudi Arabia is that it lacks a penal code. All verdicts are stand-alone with no necessity of
M AN U
Forensics is a branch of medicine that specializes in gathering and presenting medical evidence in legal disputes [5]. The evidence can be gathered from both live and deceased subjects depending on what is trying to be established, be it the degree of injury sustained in an assault or cause of death in a murder.
And in this lies the problem. Credibility is not just based on the individual’s background in a field and what is clear to a certain member of a jury may be unclear to the next. A study into an expert witnesses credibility found that factors such as perceived impartiality, confidence with the subject and even appearance influence how the evidence provided by an expert witness is taken in court [11, 12]. This also means, unfortunately, that the side that can “field” the best expert witness is more likely to win a case, something that should not be possible by scientific facts alone [13].
SC
2. Forensic Medicine- The Expert Witness
RI PT
coherence with previous rulings and what specialized fields such as nursing, neurology, etc. ACCEPTED MANUSCRIPT constitutes a crime is largely open to personal [9, 10]. views [2]. However, recently, attempts have been made to improve the justice system in Saudi As can be expected, the evidence presented by an Arabia by codifying Sharia law [2, 3]. The expert witness is of extreme importance; his or her project was set in motion in 2010 by king word could be the difference between being tried Abdullah bin Abdul-Aziz as part of a major for manslaughter or murder, poisoning or suicide overhaul of the countries judicial system, but it is and many other cases where the difference progressing slowly as it faces strong opposition between sentences is vast [11]. It is therefore of from the leading religious bodies in the country extreme importance that the expert be credible and [3]. clear in his or her presentation.
TE D
Its history is difficult to ascertain. Although the study of the human body is documented since ancient Egypt, evidence of its use in legal proceedings is scant or entirely absent [5]. The first clear sign of forensics in Europe only arrives at the very end of the Roman Empire with the Justinian Laws, in which the validity of a medical expert as a witness is briefly alluded to [6].
AC C
EP
With the advent of the Dark Ages, forensic medicine became twisted and lost by religious dogma and was only found to resurface in the mid-16th century. At this time, the Caroline Code was published in which it was stated that all judges must seek the opinion of a medical expert in cases involving murder, poisoning or any other form of personal injury [7]. From this point onwards, forensic medicine evolved rapidly and, in the last century, has become a staple of most legal proceedings in Europe and America [5]. An expert witness is an individual who has sufficient experience in a given field to present a credible opinion in legal proceedings [8], whose role it is to help clarify complex subjects so they can be understood by judges and juries [12]. . This can include any profession, from broad subjects such as historians or accountants to highly
There is also the matter of ethics to be considered when a medical expert witness is called to testify. If the accused or defendant is a patient, should the physician breach confidentiality and can he be expected to remain impartial throughout the proceedings? These vulnerabilities are often used by the opposition as a way to try dismissing the expert witness as unsound in his judgment [12, 13]. 3. Forensics in the Context of Sharia Law: The Difficulties As stated previously, the proceedings in a Sharia court differ significantly from those practiced in the European court system. It is not surprising therefore that recent attempts at integrating some more Westernized practices into Islamic law have met with strong resistance. The first problem is one of time. Saudi Arabia is a new country and so is its healthcare system; the oldest health centers being no more than 86 years old (Taif and Makkah) [14]. Practice policies, codes of conduct and medical accountability laws are as recent as 1986 [14]. Compounding this,
AC C
EP
TE D
M AN U
SC
RI PT
Can Saudi Arabia introduce forensics, specifically there is also a lack of cohesion and direction ACCEPTED MANUSCRIPT as expert witnesses, into its legal system? This is a within the educational system. Each medical hard question to answer. If we consider other institution determines internally the contents of countries that also followed Sharia law, the the curriculum, assessment and teaching answer would be yes. The Egyptian government strategies, leaving the country without a standard took the more drastic approach and banned Sharia to measure competency with [15]. courts, implementing a law system very akin to Common Law in Europe [19]. Other countries, Islamic customs surrounding death and the such as Iraq and Qatar (current events not treatment of the dead also serve as a major withstanding) have also managed to integrate stumbling block. The human body is considered forensic science into their legal system, albeit in a sacred in Islam; the practices of embalming and less extreme form than the Egyptians [20, 21]. dissection for whatever reason being abhorrent and forbidden [16]. This presents a serious However, Saudi Arabia is far more conservative problem for forensic medicine as it makes the than these countries and prides itself of its pristine acquisition of post-mortem evidence impossible. adherence to traditions and Wahhabi mission’s interpretation of the scriptures. Its high ranking Next is the perception of Saudi culture of medical religious figures hold vast amounts of power over conditions. Although attempting to modernize in the rulings of the country and resist any change various ways, some conservative views still persist in Saudi Arabia such as the belief that fiercely. Any change to the judicious system must therefore begin by convincing pious men to allow mental illness is not a medical condition but a change, and that is extremely difficult, as history divine punishment or demonic possession [17, has shown. 18]. Furthermore, there arises the problem of confidentiality. In Sharia law, confidential It is also important that the medical community information, such as exists between a doctor and a begin the arduous process of proving their validity patient, is considered sacrosanct and its as both scientists and experts in any field, forensic divulgence is considered ungodly. In fact, if such or otherwise. This will require a large overhaul of information is divulged under forced conditions their teaching system and standardization of (such as by questioning in a court of law), the assessment so any one individual can be judged physician, acting as expert witness, is permitted to fairly on his competence and expertise. If this give false testimony [18]. requirement is present in Common law, it is twice as important to be present in Saudi law where Finally, we approach the problem of legal even legal defense is afforded on sufferance. representation. Although the particular kind of Sharia law practiced in Saudi Arabia allows for Finally, there will have to be a cultural shift by the legal defense, it is uncommon. This is not only general population in terms of their views on due to the reasons mentioned in the previous death. If autopsies are prohibited due to religious section but due to a belief that Sharia law, being anointed by God, provides a defendant with all he views on the human body, one of the keystones of medical education and forensics is invalidated, needs to protect himself if he is innocent. Asking making the entire science suspect at best. Not only for legal experts or outside witnesses (such as forensic experts) is seen as turning to a stranger this, metaphysical ideology must be set aside to allow for proper conclusions to be reached. It is for help and is akin to an admission of guilt [4]. extremely difficult to stand witness for any case where even the time of death cannot be 4. The Future of Forensics in Saudi Arabia: Can established because Saudi Arabian culture draws a It Happen? distinction between death of self and death of soul, the latter being the significant one in legal What follows is the author’s personal opinion cases [22]. based on previously mentioned evidence and is not meant to illustrate fact.
10. Cohen F. (2004). The expert medical
ACCEPTED MANUSCRIPT witness in legal perspective. The Journal 5. References
of Legal Medicine 25, 185–209
13. Rich B. (2006). The treating physician as expert witness: ethical and pragmatic considerations. Pain Medicine 7, 460-463. 14. Al-Rabeeah A. (2003). The history of health care in the Kingdom of Saudi Arabia with emphasis on paediatric surgery. Saudi Medical Journal 24, s9-s10. 15. Bajammal S. et al. (2008). The need for national medical licensing examination in Saudi Arabia. BMC Medical Education 8, 1-15.
M AN U
3. Murphy, C. Middle East Online (2010). Saudi to codify Sharia 'for clarity [Online]. Available at: http://www.middle-eastonline.com/english/?id=40144. [Accessed] 21st June 2014
12. Brodsky S. et al. (2010). The witness credibility scale: an outcome measure for expert witness research. Behavioral Sciences and the Law 28, 892-907
RI PT
2. Human Rights Watch (2008). Precarious Justice [Online]20.Available at: http://books.google.pt/books/about/Precari ous_Justice.html?id=xwGojEygbqAC&red ir_esc=y [Accessed] 21st June 2014
11. Vinen J. (2003). The problem facing the expert witness: Does the tail wag the dog. Emergency Medicine 15, 213-214.
SC
1. Democracy Web: Comparative Studies in Freedom. Rule of Law: Country Studies Saudi Arabia. [Online].Available at: http://www.democracyweb.org/rule/saudia rabia.php. [Accessed] 21st June 2014
4. Black A. (2012). How Islamic law and English common law are conceptualized and apply to an unlawful killing. Griffith law review 21 (2), 499-532.
TE D
5. Smith S. (1951). The history and development of forensic medicine. British Medical Journal 24, 599-607
6. Wikipedia. The Codex Justinianus [Online]. Available at: http://en.wikipedia.org/wiki/Codex_Justini anus. [Accessed] 21st June 2014
AC C
EP
7. Wikipedia. Caroline Code [Online]. Available at: http://en.wikipedia.org/wiki/Constitutio_C riminalis_Carolina. [Accessed] 21st June 2014 8. Oxford Dictionary. Expert Witnessdefinition [Online]. Available at: http://www.oxforddictionaries.com/definiti on/english/expert-witness. [Accessed] 21st June 2014. 9. McConnell T., Vaughn S. (2010). Standards for nurse expert witnesses: A recommendation. Journal of Legal Nurse Consulting 21, 3-7. clinical and Islamic legal discourse. Theor Med Bioeth 34, 117-13
16. Gatrad A. (1994). Muslim customs surrounding death, bereavement, postmortem examinations and organ transplants. BMJ 309, 521-523. 17. Pridmore S., Pasha M. (2004). Psychiatry and Islam. Australian Psychiatry 12, 380385. 18. Chaleby K. (1996). Issues in forensic psychiatry in Islamic Jurisprudence. Bull Am Acad Psychiatry Law 24, 117-124. 19. Shaham R. (2010). The expert witness in Islamic courts: medicine and crafts in the service of law. Islamic Law and Society 19, 458-466. 20. Ali W. (1980).The establishment and practice of forensic medicine in Iraq. Am J Forensic Med Pathol 81, 81-84. 21. Bhootra B. (2005). Forensic pathology services and autopsy law of Qatar. J Clin Forensic Med 13, 15-20. 22. Qazi F. et al. (2013). The degree of certainty in brain death: probability in
ACCEPTED MANUSCRIPT
Acknowledgements:
AC C
EP
TE D
M AN U
SC
RI PT
We would like to express our gratitude to College of Medicine Research Center, Deanship of Scientific Research, King Saud University for their guidance, encouragement and critique of this project.
ACCEPTED MANUSCRIPT
RI PT
Dear Sir / Madam,
Please find enclosed a manuscript entitled: " Forensic Science in the Context of Islamic Law: a review " which I am submitting for exclusive consideration of publication as an article in Journal of Forensic and Legal Medicine.
M AN U
SC
Our paper highlights: 1- the legal system in Saudi Arabia . 2- the presence and state of medicine in Saudi Arabia. 3- the use of forensics in legal proceedings. 4- Expert witnesses in Sharia law
AC C
EP
TE D
Sincerely,
