Principles of trial in Shariah: an analysis in the modern context

Serious comparative scholars frown upon the predominant trends of judging non-Western modes of trial against Western system of trial. In consequence, there has been an awakening among the legal researchers to assert the essential features of trial for instance, in Pre-colonial Japanese culture and C...

Full description

Bibliographic Details
Main Authors:	Haneef, Sayed Sikandar Shah, Abdul Razak, Mohd Abbas, Laluddin, Hayatullah
Format:	Article
Language:	English English
Published:	LexiNexes 2019
Subjects:	KBP470 Law reform. Criticism. Tanzim
Online Access:	http://irep.iium.edu.my/74711/ http://irep.iium.edu.my/74711/ http://irep.iium.edu.my/74711/1/sh.law%20report.pdf http://irep.iium.edu.my/74711/2/LA%20SHLRA%202019.pdf

id	iium-74711
recordtype	eprints
spelling	iium-747112019-10-10T07:41:19Z http://irep.iium.edu.my/74711/ Principles of trial in Shariah: an analysis in the modern context Haneef, Sayed Sikandar Shah Abdul Razak, Mohd Abbas Laluddin, Hayatullah KBP470 Law reform. Criticism. Tanzim Serious comparative scholars frown upon the predominant trends of judging non-Western modes of trial against Western system of trial. In consequence, there has been an awakening among the legal researchers to assert the essential features of trial for instance, in Pre-colonial Japanese culture and China. In the case of comparative analysis between Shariah system of adjudication with that of the Civil Law of France and Common Law of Anglo-American trial system, by and large, the approaches have been more of looking for commonality rather than highlighting dissimilarities. This may augur well for modernizing Shariah court procedures but burrs some of the essential features of Shariah adjudication with the risk of perverting the religious features of Shariah system which outsiders describe as the Westernization of the sharath conception of trial. This article aims at preempting this risk and argues that in the pursuit of modernizing Shariah system of adjudication, the organic relations between its ethico-legal and religious aspects should not be downplayed LexiNexes 2019-06 Article PeerReviewed application/pdf en http://irep.iium.edu.my/74711/1/sh.law%20report.pdf application/pdf en http://irep.iium.edu.my/74711/2/LA%20SHLRA%202019.pdf Haneef, Sayed Sikandar Shah and Abdul Razak, Mohd Abbas and Laluddin, Hayatullah (2019) Principles of trial in Shariah: an analysis in the modern context. Shariah Law Reports, 2. pp. 1-13. (In Press) http://www.lexisnexis.com.my › en-my › products › shariah-law-journal
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	KBP470 Law reform. Criticism. Tanzim
spellingShingle	KBP470 Law reform. Criticism. Tanzim Haneef, Sayed Sikandar Shah Abdul Razak, Mohd Abbas Laluddin, Hayatullah Principles of trial in Shariah: an analysis in the modern context
description	Serious comparative scholars frown upon the predominant trends of judging non-Western modes of trial against Western system of trial. In consequence, there has been an awakening among the legal researchers to assert the essential features of trial for instance, in Pre-colonial Japanese culture and China. In the case of comparative analysis between Shariah system of adjudication with that of the Civil Law of France and Common Law of Anglo-American trial system, by and large, the approaches have been more of looking for commonality rather than highlighting dissimilarities. This may augur well for modernizing Shariah court procedures but burrs some of the essential features of Shariah adjudication with the risk of perverting the religious features of Shariah system which outsiders describe as the Westernization of the sharath conception of trial. This article aims at preempting this risk and argues that in the pursuit of modernizing Shariah system of adjudication, the organic relations between its ethico-legal and religious aspects should not be downplayed
format	Article
author	Haneef, Sayed Sikandar Shah Abdul Razak, Mohd Abbas Laluddin, Hayatullah
author_facet	Haneef, Sayed Sikandar Shah Abdul Razak, Mohd Abbas Laluddin, Hayatullah
author_sort	Haneef, Sayed Sikandar Shah
title	Principles of trial in Shariah: an analysis in the modern context
title_short	Principles of trial in Shariah: an analysis in the modern context
title_full	Principles of trial in Shariah: an analysis in the modern context
title_fullStr	Principles of trial in Shariah: an analysis in the modern context
title_full_unstemmed	Principles of trial in Shariah: an analysis in the modern context
title_sort	principles of trial in shariah: an analysis in the modern context
publisher	LexiNexes
publishDate	2019
url	http://irep.iium.edu.my/74711/ http://irep.iium.edu.my/74711/ http://irep.iium.edu.my/74711/1/sh.law%20report.pdf http://irep.iium.edu.my/74711/2/LA%20SHLRA%202019.pdf
first_indexed	2023-09-18T21:45:44Z
last_indexed	2023-09-18T21:45:44Z
_version_	1777413437088858112

Principles of trial in Shariah: an analysis in the modern context

Similar Items