Prima facie under common law and the shari`ah law in criminal cases

Kamarudin, Abdul Rani and Hassan, Mohamad Hafiz (2021) Prima facie under common law and the shari`ah law in criminal cases. Journal of Islamic Law Review, 17 (2). pp. 247-254. ISSN 0973-2918

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Abstract

The word ‘prima facie’ is integral in criminal proceedings of Malaysia (Criminal Procedure Code – Act 593 – hereinafter referred to as CPC) which means that the prosecution has adduced credible evidence proving each ingredient of the offence which if unrebutted or unexplained would warrant a conviction (ss. 173(h)(iii) & 180(3) CPC). The accused shall be ordered to enter upon his defence provided the prosecution first successfully establish a prima facie case against the accused on the charge or on the amended charge or the accused is entitled to be acquitted of the charge (s. 173(h)(i) & (ii); s. 180(2) & (3) CPC). Under the Shari`ah, the Islamic criminal procedures of the States in Malaysia, the term ‘prima facie’ is not stated hence there is also no definition on ‘prima facie’. This article seeks to discuss prima facie and to determine whether prima facie is also no less relevant under the Islamic criminal justice system.

Item Type:	Article (Journal)
Uncontrolled Keywords:	Prima facie, criminal procedure
Subjects:	K Law > K5401 Criminal Procedure
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User:	Assoc. Prof Dr. Abdul Rani Kamarudin
Date Deposited:	14 Apr 2022 08:06
Last Modified:	14 Apr 2022 08:06
URI:	http://irep.iium.edu.my/id/eprint/97635

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