伊斯兰视角下性暴力专家证人的伦理挑战

Ferryal Basbeth, Qomariyah Sachrowardi
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摘要

性暴力案件往往难以证明。现代诉讼经常涉及专家。专家的资格通常由法官决定,不受法律规定,所需的知识、技能、经验、训练、能力和权威由法官决定。律师通常需要有技术专长的人来解释案件的材料或背景。然而,使用专家也提出了一些道德问题,有趣的是,法院没有考虑专家证人的道德规则。资格和态度要求一个诚实、客观、彻底、科学、公正、整洁、礼貌、准备、果断和自信的专家,但还需要考虑其他因素,如道德和宗教,特别是在证据薄弱/缺乏的情况下。《古兰经》中有很多经文禁止我们做虚假的交易。“你们应当在仁爱和敬虔上互相帮助;只是不可在罪恶和过犯上彼此帮助。你们应当敬畏真主。真主确是严厉的。”(《古兰经》[5]:2)在被犹太人夺取的Shiffin战役中,Sayidina Ali失去盔甲的故事中,事件发生在没有证人的情况下,法官决定释放犹太人,尽管Sayidina Ali提出了自己儿子的专家证人,但后来他否认了这一法官,这表明如果没有足够的证据和证人,犯罪者的罪行是无法受到惩罚的。从伊斯兰的角度考虑《古兰经》和《圣训》中的某些命题,使我们能够拒绝专家证人,以便不给事后决定的作恶者提供虚假的便利。
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Ethical challenges of expert witness on sexual violence in Islamic perspective
Cases of sexual violence are often difficult to prove. Modern litigation often involves experts. Qualifications of the expert is usually determined by the judge, not regulated by law, required knowledge, skill, experience, training, competence and authority is determined by the judge. Lawyers often require someone with technical expertise to explain the material or background of this case. However, the use of experts also raises a number of ethical issues, and interesting to note that the court did not consider the ethical rules of the expert witness. Qualifications and attitudes required an honesty, objective, thorough, scientific, impartial, neat, polite, prepared, assertive and confident expert, but there needs to be other considerations such as ethics and religion, especially in cases with weak/lack evidence. There are so many verses in the Al-Quran forbid us to do a deal in falsehood. "Help you one another in Al-Birr and AtTaqwa (virtue, righteousness and piety); but do not help one another in sin and transgression. And fear Allah. Verily, Allah is Severe in punishment." (Al-Quran AlMa'idah [5]: 2). In the story of losing armor of Sayidina Ali in the Battle of Shiffin, which was taken by the Jews, where the incident occurred without witnesses made a judge decided to free the Jewish people, although Sayidina Ali filed expert witness of his own son who later denied this judge indicates that the perpetrator crime cannot be punished if without sufficient evidence and witnesses, consideration of some proposition in AlQuran and Al-hadith in Islamic perspective allows us to reject an expert witness in order not to give false facilities to the perpetrators of the post-decision later.
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