Rights of the accused in the Islamic legislation: a comparative and analytical study

This study aims to shed light on the extent to which the accused’s right in Islamic jurisprudence is in harmony with the conventional law. The accused may be exposed to some harmful acts during his trial which may entirely affect his rights which will give him the entitlement to defend himself. The...

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Main Authors: Muhammad Husni, Ahmad, Muhammad Husni, Amin, Nasri, Mohd Sabree
Format: Article
Language:English
Published: Scholars Middle East Publishers, UAE 2019
Subjects:
Online Access:http://irep.iium.edu.my/73395/
http://irep.iium.edu.my/73395/
http://irep.iium.edu.my/73395/
http://irep.iium.edu.my/73395/1/1-%20SIJLCJ%202019%20-%202%287%29-The%20Reality%2C%20Provisions%20and%20Conditions%20of%20Aqilah-%20206-212.pdf
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recordtype eprints
spelling iium-733952019-07-18T01:57:24Z http://irep.iium.edu.my/73395/ Rights of the accused in the Islamic legislation: a comparative and analytical study Muhammad Husni, Ahmad Muhammad Husni, Amin Nasri, Mohd Sabree KBP1 Islamic law.Shariah.Fiqh KBP2000 Public law. The state and Islam This study aims to shed light on the extent to which the accused’s right in Islamic jurisprudence is in harmony with the conventional law. The accused may be exposed to some harmful acts during his trial which may entirely affect his rights which will give him the entitlement to defend himself. The researcher pays attention to explaining the rights of the accused person in Islamic jurisprudence compared to the conventional law. The study adopts inductive approach to gather information written in Islamic jurisprudence, and adopts comparative approach in order to make comparisons between the views of ancient and contemporary jurists in question under discussion, and transfer ideas of Shariah experts to the legal studies field in order to compare the approach and benefit and vice versa. The study concludes that the conventional law does not differ much from the Islamic jurisprudence in terms of providing personal rights to the accused; both Islamic jurisprudence and conventional law agree on the principle that the accused is innocent until proven guilty. Scholars Middle East Publishers, UAE 2019-07-15 Article PeerReviewed application/pdf en http://irep.iium.edu.my/73395/1/1-%20SIJLCJ%202019%20-%202%287%29-The%20Reality%2C%20Provisions%20and%20Conditions%20of%20Aqilah-%20206-212.pdf Muhammad Husni, Ahmad and Muhammad Husni, Amin and Nasri, Mohd Sabree (2019) Rights of the accused in the Islamic legislation: a comparative and analytical study. Scholars International Journal of Law, Crime and Justice, 2 (7). pp. 213-218. ISSN 2617-7956 E-ISSN 2617-3484 https://scholarsmepub.com/sijlcj-27/ 10.21276/sijlcj.2019.2.7.3
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic KBP1 Islamic law.Shariah.Fiqh
KBP2000 Public law. The state and Islam
spellingShingle KBP1 Islamic law.Shariah.Fiqh
KBP2000 Public law. The state and Islam
Muhammad Husni, Ahmad
Muhammad Husni, Amin
Nasri, Mohd Sabree
Rights of the accused in the Islamic legislation: a comparative and analytical study
description This study aims to shed light on the extent to which the accused’s right in Islamic jurisprudence is in harmony with the conventional law. The accused may be exposed to some harmful acts during his trial which may entirely affect his rights which will give him the entitlement to defend himself. The researcher pays attention to explaining the rights of the accused person in Islamic jurisprudence compared to the conventional law. The study adopts inductive approach to gather information written in Islamic jurisprudence, and adopts comparative approach in order to make comparisons between the views of ancient and contemporary jurists in question under discussion, and transfer ideas of Shariah experts to the legal studies field in order to compare the approach and benefit and vice versa. The study concludes that the conventional law does not differ much from the Islamic jurisprudence in terms of providing personal rights to the accused; both Islamic jurisprudence and conventional law agree on the principle that the accused is innocent until proven guilty.
format Article
author Muhammad Husni, Ahmad
Muhammad Husni, Amin
Nasri, Mohd Sabree
author_facet Muhammad Husni, Ahmad
Muhammad Husni, Amin
Nasri, Mohd Sabree
author_sort Muhammad Husni, Ahmad
title Rights of the accused in the Islamic legislation: a comparative and analytical study
title_short Rights of the accused in the Islamic legislation: a comparative and analytical study
title_full Rights of the accused in the Islamic legislation: a comparative and analytical study
title_fullStr Rights of the accused in the Islamic legislation: a comparative and analytical study
title_full_unstemmed Rights of the accused in the Islamic legislation: a comparative and analytical study
title_sort rights of the accused in the islamic legislation: a comparative and analytical study
publisher Scholars Middle East Publishers, UAE
publishDate 2019
url http://irep.iium.edu.my/73395/
http://irep.iium.edu.my/73395/
http://irep.iium.edu.my/73395/
http://irep.iium.edu.my/73395/1/1-%20SIJLCJ%202019%20-%202%287%29-The%20Reality%2C%20Provisions%20and%20Conditions%20of%20Aqilah-%20206-212.pdf
first_indexed 2023-09-18T21:44:03Z
last_indexed 2023-09-18T21:44:03Z
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