Between the adversarial and the inquisitorial trial

This article discusses and deliberates the nature of the adversarial trial in a criminal proceeding based on both the Malaysian Criminal Procedure Code (Revised Act 593/1999) (the CPC') and its replica, ie the Syariah Criminal Procedure (State of Selangor) Enactment 2003 (the State Syariah CPC&...

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Main Author:	Kamarudin, Abdul Rani
Format:	Article
Language:	English
Published:	LexisNexis 2007
Subjects:	K Law (General) KBP Islamic Law KPG Malaysia
Online Access:	http://irep.iium.edu.my/8119/ http://irep.iium.edu.my/8119/1/2007_-_Between_the_adversarial_and_the_inquisitorial_trial.pdf

id	iium-8119
recordtype	eprints
spelling	iium-81192014-07-09T09:53:14Z http://irep.iium.edu.my/8119/ Between the adversarial and the inquisitorial trial Kamarudin, Abdul Rani K Law (General) KBP Islamic Law KPG Malaysia This article discusses and deliberates the nature of the adversarial trial in a criminal proceeding based on both the Malaysian Criminal Procedure Code (Revised Act 593/1999) (the CPC') and its replica, ie the Syariah Criminal Procedure (State of Selangor) Enactment 2003 (the State Syariah CPC'). The Criminal Procedure Code is based on the Common Law tradition. The French Civil Law tradition which is notable for its inquisitorial system is also considered to give a more balanced perspective to the discussion and to compare it with the common law tradition by highlighting the relevant provisions under both the CPC and the Shariah CPC relating to investigation and trial. It is then possible to ascertain whether justice is substantially seen to be done to both the opposing parties under both legal traditions. In other words, in a criminal proceeding, whether the adversarial mode of trial under the Common Law tradition is compatible with Islamic Law. This article also enlightens readers how the different legal traditions operate, and the importance of the need to be doubly careful in doing a complete overhaul/revamp of the existing mode of trial and in being too eager to throw aside a particular legal system that has been proved effective. LexisNexis 2007 Article PeerReviewed application/pdf en http://irep.iium.edu.my/8119/1/2007_-_Between_the_adversarial_and_the_inquisitorial_trial.pdf Kamarudin, Abdul Rani (2007) Between the adversarial and the inquisitorial trial. Malayan Law Journal, 2. xi-xxix. ISSN 0025-1283
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KBP Islamic Law KPG Malaysia
spellingShingle	K Law (General) KBP Islamic Law KPG Malaysia Kamarudin, Abdul Rani Between the adversarial and the inquisitorial trial
description	This article discusses and deliberates the nature of the adversarial trial in a criminal proceeding based on both the Malaysian Criminal Procedure Code (Revised Act 593/1999) (the CPC') and its replica, ie the Syariah Criminal Procedure (State of Selangor) Enactment 2003 (the State Syariah CPC'). The Criminal Procedure Code is based on the Common Law tradition. The French Civil Law tradition which is notable for its inquisitorial system is also considered to give a more balanced perspective to the discussion and to compare it with the common law tradition by highlighting the relevant provisions under both the CPC and the Shariah CPC relating to investigation and trial. It is then possible to ascertain whether justice is substantially seen to be done to both the opposing parties under both legal traditions. In other words, in a criminal proceeding, whether the adversarial mode of trial under the Common Law tradition is compatible with Islamic Law. This article also enlightens readers how the different legal traditions operate, and the importance of the need to be doubly careful in doing a complete overhaul/revamp of the existing mode of trial and in being too eager to throw aside a particular legal system that has been proved effective.
format	Article
author	Kamarudin, Abdul Rani
author_facet	Kamarudin, Abdul Rani
author_sort	Kamarudin, Abdul Rani
title	Between the adversarial and the inquisitorial trial
title_short	Between the adversarial and the inquisitorial trial
title_full	Between the adversarial and the inquisitorial trial
title_fullStr	Between the adversarial and the inquisitorial trial
title_full_unstemmed	Between the adversarial and the inquisitorial trial
title_sort	between the adversarial and the inquisitorial trial
publisher	LexisNexis
publishDate	2007
url	http://irep.iium.edu.my/8119/ http://irep.iium.edu.my/8119/1/2007_-_Between_the_adversarial_and_the_inquisitorial_trial.pdf
first_indexed	2023-09-18T20:17:46Z
last_indexed	2023-09-18T20:17:46Z
_version_	1777407902454120448

Between the adversarial and the inquisitorial trial

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