THE RIGHT TO FAIR TRIAL UNDER INTERNATIONAL HUMAN RIGHT LAW: A COMPARATIVE ANALYSIS FROM ISLAMIC LAW.

Abstract

This article analyses one of the most important principles of the Islamic and international human right laws that is, the concept of the right to a fair trial. Also, in this article examine on both law which better for fair trial because, International human rights law is consist by treaties, agreements between sovereign states intended to have binding legal effect between the parties that have agreed to them; and customary international law. On the other hand, Islamic law consist by al-quran, sunna, ijma and qiyas (analogy with Quran and sunna drawn by jurists), or in the opinion of the Shi’is ‘aql (reason), as its chief sources complemented by further supplementary sources. For this purpose, the secondary data from law books, law articles, law journal, newspaper etc. have been used. This article finds that the law related to fair trial in Islamic and international laws are relatively same. Both laws have suggested providing equal treatment in law.