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 - hereinafter referred simply as the 'CPC') and its replica i.e. the Syariah Criminal Procedure (State Of Selangor)...

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Main Author:	Kamarudin, Abdul Rani
Format:	Conference or Workshop Item
Language:	English
Published:	2006
Subjects:	K Law (General) KBP15 Congresses. Conferences KPG Malaysia
Online Access:	http://irep.iium.edu.my/8751/ http://irep.iium.edu.my/8751/1/2006_-_Between_the_adversarial_and_the_inquisitorial_trial.pdf

id	iium-8751
recordtype	eprints
spelling	iium-87512013-10-07T04:37:11Z http://irep.iium.edu.my/8751/ Between the adversarial and the inquisitorial trial Kamarudin, Abdul Rani K Law (General) KBP15 Congresses. Conferences 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 - hereinafter referred simply as the 'CPC') and its replica i.e. the Syariah Criminal Procedure (State Of Selangor) Enactment 2003 (hereinafter referred to as '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 the both legal traditions. In other words, in a criminal proceeding, whther 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 aproved effectively. 2006-09 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/8751/1/2006_-_Between_the_adversarial_and_the_inquisitorial_trial.pdf Kamarudin, Abdul Rani (2006) Between the adversarial and the inquisitorial trial. In: Proceeding of International Seminar on Syariah and Common Law 2006 (ISCOL 2006) , 20-21 September 2006, Palace of The Golden Horses Hotel, Seri Kembangan, Selangor.
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) KBP15 Congresses. Conferences KPG Malaysia
spellingShingle	K Law (General) KBP15 Congresses. Conferences 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 - hereinafter referred simply as the 'CPC') and its replica i.e. the Syariah Criminal Procedure (State Of Selangor) Enactment 2003 (hereinafter referred to as '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 the both legal traditions. In other words, in a criminal proceeding, whther 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 aproved effectively.
format	Conference or Workshop Item
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
publishDate	2006
url	http://irep.iium.edu.my/8751/ http://irep.iium.edu.my/8751/1/2006_-_Between_the_adversarial_and_the_inquisitorial_trial.pdf
first_indexed	2023-09-18T20:18:33Z
last_indexed	2023-09-18T20:18:33Z
_version_	1777407951919644672

Between the adversarial and the inquisitorial trial

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