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

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 (Unpublished)

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Abstract

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.

Item Type:	Conference or Workshop Item (Plenary Papers)
Additional Information:	3049/73713
Uncontrolled Keywords:	adjudication, adversarial, fiqh, inquisitorial, shariah.
Subjects:	K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP173.25 Islamic law and other disciplines or subjects K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP470 Law reform. Criticism. Tanzim
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User:	Prof. Sayed Sikandar Shah Haneef
Date Deposited:	06 Aug 2019 15:42
Last Modified:	06 Aug 2019 15:42
URI:	http://irep.iium.edu.my/id/eprint/73713

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