Shariah mode of adjudication: Distinctive features vis-à-vis modern systems

Modern discourse on adjudication has been made against the backdrop of the two dominant Western models of inquisitorial trial of the French Civil law and adversarial trial of Anglo-American Common law. The fundamental feature of inquisitorial system is that it is that the judge who has the overarchi...

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Main Authors:	Haneef, Sayed Sikandar Shah, Abdul Razak, Mohd Abbas, Laluddin, Hayatullah
Format:	Conference or Workshop Item
Language:	English English
Published:	2019
Subjects:	KBP173.25 Islamic law and other disciplines or subjects KBP470 Law reform. Criticism. Tanzim
Online Access:	http://irep.iium.edu.my/73713/ http://irep.iium.edu.my/73713/ http://irep.iium.edu.my/73713/4/Islamic%20Adjudication%20paper.pdf http://irep.iium.edu.my/73713/25/Shariah%20Mode%20of%20Adjudication%20-%20Tentative%20program.pdf

id	iium-73713
recordtype	eprints
spelling	iium-737132019-08-06T07:42:22Z http://irep.iium.edu.my/73713/ Shariah mode of adjudication: Distinctive features vis-à-vis modern systems Haneef, Sayed Sikandar Shah Abdul Razak, Mohd Abbas Laluddin, Hayatullah KBP173.25 Islamic law and other disciplines or subjects KBP470 Law reform. Criticism. Tanzim Modern discourse on adjudication has been made against the backdrop of the two dominant Western models of inquisitorial trial of the French Civil law and adversarial trial of Anglo-American Common law. The fundamental feature of inquisitorial system is that it is that the judge who has the overarching role in adjudicating, while unique feature of adversarial system is that it is disputant-centric. As to which of the models Islamic mode of adjudication fits, opinion varies. Some comparative scholars assimilate it with adversarial model whilst others see it akin to inquisitorial model or having the features of both. This paper, however, argues that the Shariah mode of criminal trial though resembling some features of both, has certain unique features of its own- in view of its religiously colored conception of crime, notion of judicial function, methods and standard of proof and the role of attorney, which defies equation with such models. 2019-07-27 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/73713/4/Islamic%20Adjudication%20paper.pdf application/pdf en http://irep.iium.edu.my/73713/25/Shariah%20Mode%20of%20Adjudication%20-%20Tentative%20program.pdf Haneef, Sayed Sikandar Shah and Abdul Razak, Mohd Abbas and Laluddin, Hayatullah (2019) Shariah mode of adjudication: Distinctive features vis-à-vis modern systems. In: 13th Kuala Lumpur International Communication, Education, Language & > Social Science Conference and 9th Kuala > Lumpur International Islamic Studies & Civilisations Conference 2019, 27-28 July 2019, Bangi Resort Hotel, Bandar Baru Bangi , Selangor , Malaysia. (Unpublished) https://www.klicels.org/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	KBP173.25 Islamic law and other disciplines or subjects KBP470 Law reform. Criticism. Tanzim
spellingShingle	KBP173.25 Islamic law and other disciplines or subjects KBP470 Law reform. Criticism. Tanzim Haneef, Sayed Sikandar Shah Abdul Razak, Mohd Abbas Laluddin, Hayatullah Shariah mode of adjudication: Distinctive features vis-à-vis modern systems
description	Modern discourse on adjudication has been made against the backdrop of the two dominant Western models of inquisitorial trial of the French Civil law and adversarial trial of Anglo-American Common law. The fundamental feature of inquisitorial system is that it is that the judge who has the overarching role in adjudicating, while unique feature of adversarial system is that it is disputant-centric. As to which of the models Islamic mode of adjudication fits, opinion varies. Some comparative scholars assimilate it with adversarial model whilst others see it akin to inquisitorial model or having the features of both. This paper, however, argues that the Shariah mode of criminal trial though resembling some features of both, has certain unique features of its own- in view of its religiously colored conception of crime, notion of judicial function, methods and standard of proof and the role of attorney, which defies equation with such models.
format	Conference or Workshop Item
author	Haneef, Sayed Sikandar Shah Abdul Razak, Mohd Abbas Laluddin, Hayatullah
author_facet	Haneef, Sayed Sikandar Shah Abdul Razak, Mohd Abbas Laluddin, Hayatullah
author_sort	Haneef, Sayed Sikandar Shah
title	Shariah mode of adjudication: Distinctive features vis-à-vis modern systems
title_short	Shariah mode of adjudication: Distinctive features vis-à-vis modern systems
title_full	Shariah mode of adjudication: Distinctive features vis-à-vis modern systems
title_fullStr	Shariah mode of adjudication: Distinctive features vis-à-vis modern systems
title_full_unstemmed	Shariah mode of adjudication: Distinctive features vis-à-vis modern systems
title_sort	shariah mode of adjudication: distinctive features vis-à-vis modern systems
publishDate	2019
url	http://irep.iium.edu.my/73713/ http://irep.iium.edu.my/73713/ http://irep.iium.edu.my/73713/4/Islamic%20Adjudication%20paper.pdf http://irep.iium.edu.my/73713/25/Shariah%20Mode%20of%20Adjudication%20-%20Tentative%20program.pdf
first_indexed	2023-09-18T21:44:31Z
last_indexed	2023-09-18T21:44:31Z
_version_	1777413360147496960

Shariah mode of adjudication: Distinctive features vis-à-vis modern systems

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