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The Role of the Defence in Islamic Law

18 Pages Posted: 5 May 2010  

Salim Farrar

The University of Sydney Law School

Date Written: May 4, 2010

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’.

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

JEL Classification: K10, K14, K30, K33

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

Salim Farrar (Contact Author)

The University of Sydney Law School ( email )

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

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