CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Tuesday, May 11, 2010

Farrar on Defence in Islamic Law

Salim Farrar  (University of Sydney - Faculty of Law) has posted The Role of the Defence in Islamic Law on SSRN. Here is the abstract:

This article explores the role of the defence in Islamic criminal trials both within the classical Sunnite tradition and the procedural laws of two modern Muslim states (Saudi Arabia and Malaysia). Centering on the Common Law understanding of ‘defence’ as implying the right to a lawyer, it examines how prophetic tradition has interacted with juristic interpretation and state regulatory power to provide equivalent protection and safeguard rights to ‘due process’.

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