https://habibiaislamicus.com/index.php/hirj/article/view/258

Abstract

With the advance discourse over the adjudication that has taken place in contradiction of the key dominant of the western model of the adversarial trial in term of the common law and the inquisitorial trial in regards to the Civil Law. The primary characteristic of the inquisitorial system is regarded with the judge who is having the overarching part in the adjudicating process whereas the distinctive characteristic of the adversarial system is that is termed with the partisan-centric. In contrast to the models of the Islam and the adjudication mode that are fitted varies over the opinions. Various scholars comparatively integrate such with the adversarial models while some of the scholars perceive it similar to the inquisitorial models that are having the similar characteristics. In this article the qualitative approach is adopted by conducting critical research on some significant work of famous scholars moreover this article highlights the Shariah law with distinctive features of adversarial system and inquisitorial system.