Between the adversarial and the inquisitorial trial

Kamarudin, Abdul Rani (2006) Between the adversarial and the inquisitorial trial. In: Proceeding of International Seminar on Syariah and Common Law 2006 (ISCOL 2006) , 20-21 September 2006, Palace of The Golden Horses Hotel, Seri Kembangan, Selangor.

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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 - hereinafter referred simply as the 'CPC') and its replica i.e. the Syariah Criminal Procedure (State Of Selangor) Enactment 2003 (hereinafter referred to as '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 the both legal traditions. In other words, in a criminal proceeding, whther 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 aproved effectively.

Item Type:	Conference or Workshop Item (Full Paper)
Additional Information:	1590/8751
Uncontrolled Keywords:	adversarial trial, inquisitorial trial, Malaysian Criminal Procedure Code
Subjects:	K Law > K Law (General) K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP15 Congresses. Conferences K Law > KPG Malaysia
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User:	Nur Aqilah Norudin (PT)
Date Deposited:	20 Dec 2011 20:20
Last Modified:	07 Oct 2013 12:37
URI:	http://irep.iium.edu.my/id/eprint/8751

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