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The Mechanisms Of The Trial

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Chapter Summary

Islamic international criminal law speaks of several principles which are fundamental for the cultivation of justice and prevention of evils. Under Islamic law, justice has to be carried out with right and just persons. The judge has a duty to observe certain rules, norms and provisions and not to violate rules regarding testimony of witness or evidence. According to Islamic criminal justice, there was no difference between the function of a prosecutor and the function of a judge. Both these legal positions had similar functions and were carried out by the same person. One of the chief principles of Islamic justice is that the burden of proof is one of the duties of the prosecutor. Under Islamic law confession constitutes a cornerstone in the proceedings of justice and finding a truth.

Keywords: Islamic criminal justice; Islamic international criminal law; Islamic law confession



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