Shariah criminal 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 Civil Law and adversarial trial of Common Law. The fundamental feature of inquisitorial system is that it is that the judge who has the overarching role in adjudicatin...

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Main Authors:	Haneef, Sayed Sikandar Shah, Abdul Razak, Mohd Abbas, Laluddin, Hayatullah
Format:	Article
Language:	English
Published:	Zes Rokman Resources (2131022-P) 2019
Subjects:	KBP470 Law reform. Criticism. Tanzim
Online Access:	http://irep.iium.edu.my/74712/ http://irep.iium.edu.my/74712/ http://irep.iium.edu.my/74712/1/paper%20JESOC.pdf

id	iium-74712
recordtype	eprints
spelling	iium-747122019-10-10T08:04:43Z http://irep.iium.edu.my/74712/ Shariah criminal mode of adjudication: distinctive features vis-à-vis modern systems Haneef, Sayed Sikandar Shah Abdul Razak, Mohd Abbas Laluddin, Hayatullah 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 Civil Law and adversarial trial of Common Law. The fundamental feature of inquisitorial system is that it is that the judge who has the overarching role in adjudicating whilst the unique feature of adversarial system is that it is partisan-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 identical to inquisitorial model or having the features of both. Using qualitative method by undertaking a critical library reseach of some crucial works, this paper, however, argues that the Shariah mode of criminal trial though resembling some features of both, has certain unique features of its own. This is on account of its religiously colored conception of crime, notion of judicial function, methods and standard of proof and the role of attorney, which defies its equation with any of such models. Zes Rokman Resources (2131022-P) 2019-06 Article PeerReviewed application/pdf en http://irep.iium.edu.my/74712/1/paper%20JESOC.pdf Haneef, Sayed Sikandar Shah and Abdul Razak, Mohd Abbas and Laluddin, Hayatullah (2019) Shariah criminal mode of adjudication: distinctive features vis-à-vis modern systems. Journal of Education and Social Sciences,, 13 (1). pp. 129-137. ISSN 2289-9855 http://www.jesoc.com/issue/volume-13-june-2019-issue-1/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP470 Law reform. Criticism. Tanzim
spellingShingle	KBP470 Law reform. Criticism. Tanzim Haneef, Sayed Sikandar Shah Abdul Razak, Mohd Abbas Laluddin, Hayatullah Shariah criminal 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 Civil Law and adversarial trial of Common Law. The fundamental feature of inquisitorial system is that it is that the judge who has the overarching role in adjudicating whilst the unique feature of adversarial system is that it is partisan-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 identical to inquisitorial model or having the features of both. Using qualitative method by undertaking a critical library reseach of some crucial works, this paper, however, argues that the Shariah mode of criminal trial though resembling some features of both, has certain unique features of its own. This is on account of its religiously colored conception of crime, notion of judicial function, methods and standard of proof and the role of attorney, which defies its equation with any of such models.
format	Article
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 criminal mode of adjudication: distinctive features vis-à-vis modern systems
title_short	Shariah criminal mode of adjudication: distinctive features vis-à-vis modern systems
title_full	Shariah criminal mode of adjudication: distinctive features vis-à-vis modern systems
title_fullStr	Shariah criminal mode of adjudication: distinctive features vis-à-vis modern systems
title_full_unstemmed	Shariah criminal mode of adjudication: distinctive features vis-à-vis modern systems
title_sort	shariah criminal mode of adjudication: distinctive features vis-à-vis modern systems
publisher	Zes Rokman Resources (2131022-P)
publishDate	2019
url	http://irep.iium.edu.my/74712/ http://irep.iium.edu.my/74712/ http://irep.iium.edu.my/74712/1/paper%20JESOC.pdf
first_indexed	2023-09-18T21:45:44Z
last_indexed	2023-09-18T21:45:44Z
_version_	1777413437233561600

Shariah criminal mode of adjudication: distinctive features vis-à-vis modern systems

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