Essay: Similarities in Islamic and European criminal justice system

11 Oct

Essay: Similarities in Islamic and European criminal justice system

Sample Essay

One of the most conspicuous similarities with the two systems is that the judges depend on the evidence produced by both the defendant and the plaintiff sides. However, ruling on a matter in this place could delay for more periods than that in the Islamic system (Stowasser, 1987, p. 57).

The prosecution procedure is divided into several stages that are adhered to until a case is completed. First are the preliminary proceedings. This entails investigations followed by the start of a prosecution. At this stage, the procedure could be stopped from going on by the accused basing on evidential strength (European Committee, 1990, P. 63). The same could be done by the prosecuting authority the police, if the evidence is substandard. Next is the custody and bail stage. T his point allows the issuance of warrants of arrest and other custodial rules are given in case the accused is at large. Bails and custody details are availed to the accused, with time limits being established (65). To me this was unheard of, money was not a reason for an accused person to stay free awaiting judgment. Muslim system relies on delivering justice basing on the available evidence without further re-examining a case.

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