Prima facie under common law and the shari`ah law in criminal cases
The word ‘prima facie’ is integral in criminal proceedings of Malaysia (Criminal Procedure Code – Act 593 – hereinafter referred to as CPC) which means that the prosecution has adduced credible evidence proving each ingredient of the offence which if unrebutted or unexplained would warrant a convict...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Serials Publications (P) LTD.- New Delhi
2021
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/97635/7/97635_Prima%20facie%20under%20common%20law%20and%20the%20shari%60ah%20law%20in%20criminal%20cases.pdf http://irep.iium.edu.my/97635/ |
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| Summary: | The word ‘prima facie’ is integral in criminal proceedings of Malaysia (Criminal Procedure Code – Act 593 – hereinafter referred to as CPC) which means that the prosecution has adduced credible evidence proving each ingredient of the offence which if unrebutted or unexplained would warrant a conviction (ss. 173(h)(iii) & 180(3) CPC). The accused shall be ordered to enter upon his defence provided the prosecution first successfully establish a prima facie case against the accused on the charge or on the amended charge or the accused is entitled to be acquitted of the charge (s. 173(h)(i) & (ii); s. 180(2) & (3) CPC). Under the Shari`ah, the Islamic criminal procedures of the States in Malaysia, the term ‘prima facie’ is not stated hence there is also no definition on ‘prima facie’. This article seeks to discuss prima facie and to determine whether prima facie is also no less relevant under the Islamic criminal justice system. |
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