Urgensi Penerapan Asas Pembuktian Terbalik Menurut Hukum Acara Islam

Abstract

The article discusses the exigency of the application of reversal burden of proof principle in Islamic law procedure. Islam places justice as an important element in social life, and the perfection of ones’ Islamicity is closely related to his or her commitment in doing justice into practice. In order to preserve justice government and legal authorities are needed guaranteeing that justice is kept upright in society. At the practical level, the authority has always faced with the system of proof being presumed, that is the principle of reversal burden of proof, and thus justice is difficult to be fulfilled. The author argues that Islam has not been confined into system and principle used by legal authorities. Although Islam introduces the principle of innocence, it also acknowledges the application of reversal burden of proof principle. The author concludes that the texts of Islamic teachings and Islamic legal maxim provide room for the Muslim community to exercise reversal burden of proof to maintain justice, something that is permissible if not a necessity to be applied.