The Role of the Defence in Islamic Law

Farrar, Salim

Abstract

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The Role of the Defence in Islamic Law

Salim Farrar

University of Sydney - Faculty of Law

May 4, 2010

Sydney Law School Research Paper No. 10/42

Abstract:
This article explores the role of the defence in Islamic criminal trials both within the classical Sunnite tradition and the procedural laws of two modern Muslim states (Saudi Arabia and Malaysia). Centering on the Common Law understanding of ‘defence’ as implying the right to a lawyer, it examines how prophetic tradition has interacted with juristic interpretation and state regulatory power to provide equivalent protection and safeguard rights to ‘due process’.

Number of Pages in PDF File: 18

Keywords: defence, Islamic criminal trials, due process, Saudi Arabia, Malaysia

JEL Classification: K10, K14, K30, K33

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Date posted: May 5, 2010

Suggested Citation

Farrar, Salim, The Role of the Defence in Islamic Law (May 4, 2010). Sydney Law School Research Paper No. 10/42. Available at SSRN: http://ssrn.com/abstract=1600503

Contact Information

Salim Farrar (Contact Author)

University of Sydney - Faculty of Law ( email )

Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia