Fair trial guarantees in law and Sharia

Abstract

This research aims to explore fair trial guarantees from two intertwined perspectives: the modern legal framework and the principles of Islamic Sharia. The study reviews the fundamental concepts of a fair trial, including the rights of the defense, public hearings, judicial integrity, judicial independence, evidentiary procedures, appeals, and the rights of the accused. It also highlights the fair limitations resulting from the protection of public safety and public order, focusing on legal sources in contemporary positive law, while adopting the principles of international law and human rights as a frame of reference that ensures equality before the court, procedural safeguards, and judicial review. It adopts a comparative approach between Arab and Western judicial systems to identify similarities and differences in the mechanisms of judicial guarantees and mechanisms for monitoring and protecting defendants. As for the Sharia aspect, it highlights procedural justice in accordance with Sharia texts and the objectives of Sharia, while promoting the principles of justice, transparency, and integrity in the trial, the requirements of witnesses, the principle of gradation in evidence, and the rights of the defense according to Islamic jurisprudence. It also discusses judicial reform mechanisms derived from the objectives and necessities of Sharia.