18 Pages Posted: 5 May 2010
Date Written: May 4, 2010
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’.
Keywords: defence, Islamic criminal trials, due process, Saudi Arabia, Malaysia
JEL Classification: K10, K14, K30, K33
Suggested Citation: 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: https://ssrn.com/abstract=1600503