Court Ceremonies, Ritual and Symbolism: How Islamic Law and English Common Law are Conceptualised and Apply to an Unlawful Killing

Abstract

Islamic criminal law as it is practised in several Muslim nations has been condemned as anachronistic, oppressive or unforgiving. Responding to such criticism of Saudi Arabiaʼs criminal justice in the wake of the trial for the murder of Australian nurse Yvonne Gilford, Dr Ghazi Al-Gosaibi, Saudi Arabiaʼs ambassador to Britain at the time, simply noted that, ʻeach country has a different system that it believes will best achieve justice.ʼ How the Islamic criminal system seeks to achieve justice is the focus of this article. In its quest for justice, the Islamic system that Hallaq notes conceives of law ʻnot as a means employed in the service of society, but rather in the service of Godʼ will take a distinctive path from the common law, which is explored though the lens of a murder trial in Saudi Arabia and in England, the birthplace of each system. The analysis covers the attending ceremonies and ritual that apply to an unlawful killing; how proceedings are initiated; how guilt and innocence are determined; the safeguards for ensuring a just outcome; and the consequences that flow from a determination of guilt.

JEL Classification: K10