The Impact of Modern Technology on Abandoning the Application of One of Two Evidences: A Jurisprudential Study

Abstract

Abstract:

This research examines the impact of modern technologies on abandoning the application of one of two evidences, focusing on how technological advancements influence the possibility of forgoing one of the evidential reasons. The research aims to define the concept of applying dual evidences, explore the ruling on their simultaneous application, identify the contexts in which they are applied, and assess the role of modern technologies in abandoning one of the evidences.

The research adopts a methodology that combines inductive and analytical approaches. Among the key findings is the observation that jurists use various terms to describe the application of dual evidences, including “application of two evidences,” “application of two reasons,” and “application of two causes.” Despite the varying terminology, the underlying meaning is consistent: applying two valid but conflicting evidences to a single issue where both are independently capable of supporting a distinct ruling. The jurists agree on the permissibility of applying both evidences, though they differ on whether this is obligatory. The stronger view suggests it is obligatory, as both constitute commands, which are presumed binding unless one outweighs the other.

The research highlights that although jurists differ on the obligation of applying dual evidences, they agree on its permissibility. The central question addressed is whether technology can override one evidence, rendering it inapplicable while relying solely on the other. Current practices, as reflected in the resolutions of “Fiqh Councils,” fatwas of “Sharia Boards,” and studies by fiqh experts, confirm that the rulings derived from technological tools are definitive and must generally be applied. Consequently, technologies can be relied upon to abandon one of two evidences, provided certain conditions are met. These include equality in the evidences’ indications, certainty in technological results (achieved through precise and repeated processes across multiple devices, specialists, and varying conditions), and ensuring that the abandonment applies solely to the specific case without extending to other scenarios. If the technological evidence matches the strength of the traditional evidence, it is adopted; otherwise, it may serve as a corroborating indication or be disregarded if too weak.

Key Recommendations: The research recommends prioritizing research on frequently occurring fiqh issues that impact people’s daily lives, worship, transactions, and legal matters. This is particularly relevant to contemporary advancements, such as the influence of technology on rulings, given the continuous developments in this field. Such research is crucial to providing clear, sound jurisprudential guidance that benefits both jurists and judges while offering reassurance to the public.