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Between the adversarial and the inquisitorial trial

Kamarudin, Abdul Rani (2007) Between the adversarial and the inquisitorial trial. Malayan Law Journal, 2. xi-xxix. ISSN 0025-1283

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Abstract

This article discusses and deliberates the nature of the adversarial trial in a criminal proceeding based on both the Malaysian Criminal Procedure Code (Revised Act 593/1999) (the CPC') and its replica, ie the Syariah Criminal Procedure (State of Selangor) Enactment 2003 (the State Syariah CPC'). The Criminal Procedure Code is based on the Common Law tradition. The French Civil Law tradition which is notable for its inquisitorial system is also considered to give a more balanced perspective to the discussion and to compare it with the common law tradition by highlighting the relevant provisions under both the CPC and the Shariah CPC relating to investigation and trial. It is then possible to ascertain whether justice is substantially seen to be done to both the opposing parties under both legal traditions. In other words, in a criminal proceeding, whether the adversarial mode of trial under the Common Law tradition is compatible with Islamic Law. This article also enlightens readers how the different legal traditions operate, and the importance of the need to be doubly careful in doing a complete overhaul/revamp of the existing mode of trial and in being too eager to throw aside a particular legal system that has been proved effective.

Item Type: Article (Journal)
Additional Information: 1590/8119
Uncontrolled Keywords: adversarial trial, inquisitorial trial
Subjects: K Law > K Law (General)
K Law > KBP Islamic Law
K Law > KPG Malaysia
Kulliyyahs/Centres/Divisions/Institutes: Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User: Assoc. Prof Dr. Abdul Rani Kamarudin
Date Deposited: 14 Dec 2011 08:58
Last Modified: 09 Jul 2014 17:53
URI: http://irep.iium.edu.my/id/eprint/8119

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