The Justice System Of The Islamic Law Essay

The Justice System Of The Islamic Law Essay

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The justice system of the Islamic law is rather based on philosophical principles which are considered alien, if not unconscionable to many observers. The practices of the Islamic law should be examined within the socio-religious philosophy of the country and in the spirit of true theoretical inquiry. According to the textbook that would be an inaccurate assumption due to the fact that it is a violation against the human right. Reichel (2013) explained “That would be an inaccurate assumption because when a murder has occurred, it was not God’s rights that were violated but the right of a human being” (p. 124). The imposition of having less appreciation for the seriousness of murder and under rigorous rules of evidence as the principle requires, may be indeed justifiable, and even necessary, in the Islamic context of sustaining a spiritual and peaceful society.

The adversarial and inquisitorial systems differ by the application of the rules. In the inquisitorial system, there are not too many rights though they are easy to express. If an individual is being charged with crime, that individual does not have the right to counsel. In addition the individual does not have the right to remain silent because it is considered as a refusal to coorporate and a sign of guilt.According to Reichel (2013) “Each side presents its own private version of the truth, and the judge or jurors must decide who is the most convincing” (p. 133). Whereas in the adversarial system, the rules are complex because it is a contest between two opposing sides. The accused individual is presumed innocent until proven guilty. As the magistrates remain impartial, they are bound to find the accused innocent unless that individual is convicted beyond a reasonable dou...

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...e court level, any prior convictions of the accused are admissible as relevant evidence” (p. 209). The three factors are: Fact-finding factor is the use of an expert selected by an individual or agency with the power to appoint a fact finder, in order to uncover information and identifying important details from the evidence gathered in a criminal case. Guilt-finding and sentence phase factor is a phase when the jurors make the final decision after all the relevant body of facts have been presented and analyzed at the same time as the guilt and; therefore, found the individual is indeed guilty of the crime committed. 3) Determination of guilt and sentence factor is generally the conclusion and a show of consensus by the court of justice to judge the actual accused individuals and their criminal history after consideration of the facts, rather than the current charges.

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