Will a person be punished for a murder in Islamic Sharia courts if strong evidence is found to incriminate him (such as fingerprints, blood samples at the crime scene, or witnesses to other matters that point to him) but there are no direct witnesses to the act of murder, and will he be subject to a hadd punishment or another penalty?

Fingerprints and blood samples are not sufficient evidence for a capital punishment (Qisas) or blood money (Diyah) ruling unless accompanied by strong circumstantial evidence (Qara'in) indicating a strong presumption (Ghalabat al-Dhann) that the accused is the killer. This is called "al-Lawth."

Scholars differed on the definition of "al-Lawth": - Shafi'is: That which instills in the soul the truthfulness of the claimant. - Hanafis: The presence of a sign of killing on a specific person, or an apparent indication supporting the claimant (such as overt enmity, or the testimony of one just witness, or a group of non-just witnesses). - Hanbalis: Overt enmity. - Malikis: The killing of a free Muslim in the place of al-Lawth, or an adult's statement before his death, "So-and-so killed me," or two witnesses to a wound or beating, or one just witness who saw the killing or saw the accused near the victim with signs [of the crime] on him.

Fingerprints identify a person but do not prove killing except with other circumstantial evidence. As for blood types, they negate but do not prove, meaning they are evidence of innocence if they differ, but not evidence of guilt if they match.

Witnesses who testify to matters that indicate accusation, this is considered part of al-Lawth, which necessitates the Qasamah (oath-taking), which involves fifty oaths sworn by the victim's guardians. - The majority of scholars: Qasamah does not necessitate Qawd (retribution/Qisas), but only Diyah. - Malikis: If al-Lawth is strong, it necessitates Qisas.

Regarding the punishment of an accused person for whom the killing has not been definitively proven: - He is not subjected to Qisas according to the majority of scholars unless al-Lawth is strong and the victim's guardians swear the Qasamah oaths (contrary to the Malikis). - If the punishment is financial (like Diyah), it becomes obligatory with al-Lawth and Qasamah according to all jurists. - Physical punishment is applied to those known for immorality, as a deterrent (Ta'zir) for their immorality, to achieve the purpose of just governance.