THE ROLE OF FORENSIC FACIAL RECONSTRUCTION IN SHARIAH COURT: A MAQASID SHARIAH APPROACH TO POSTMORTEM IDENTIFICATION
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Nurfadhlina Sofia Abdul Mun’im Sobri
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Proceeding
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Article
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Copyright (c) 2024 Nurfadhlina Sofia Abdul Mun’im Sobri;
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Abstract
This article investigates the scientific and technical methods used in forensic facial reconstruction, which include a mix of anthropology, forensic pathology, and computer-aided procedures. It examines the success rate of forensic facial reconstruction in identifying remains and compares traditional approaches to contemporary 3D reconstruction technologies. Forensic facial reconstructions can help identify unknown individuals, but their accuracy is dependent on the corpse's state and the availability of demographic information. Advances in digital technology and artificial intelligence have improved the accuracy of reconstruction, making forensic facial reconstruction more reliable in forensic investigations. Ethical considerations are underlined, particularly when forensic facial reconstruction is employed in legal settings, highlighting the importance of transparency and process standardization. This article is significant because it emphasizes forensic face reconstruction as a feasible method in accordance with the principles of maqasid al-shariah, particularly in terms of protecting human dignity (karamah). This purpose is achieved through the use of qualitative research instruments, and data were gathered using two methods: document analysis and literature review. However, the article points out that, while forensic facial reconstruction is important, it is not definitive proof, raising concerns about its acceptability in Shariah courts, where evidence must meet stringent standards. This article will present a case for how forensic technology, such as forensic facial reconstruction, might be viewed through the lens of Islamic law (maqasid al-shariah), specifically in terms of protecting life, dignity, and justice in the postmortem identification process.