rdf-syntax-grammar
mods:
  schema location: http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
  title info:
    title: ضمانات المتهم أثناء المحاكمة في القانون اليمني والشريعة الإسلامية
    sub title: دراسة مقارنة
  title info:
    title: Damanat al-muttaham athna' al-muhakamah fi al-qanun al-yamani wa-al-shahri'ah al-Islamiyah
    sub title: dirasah muqaranah
  name:
    name part: شرفي، محمد على علي
    role:
      role term: creator
  name:
    name part: Sharafi, Mohammed Ali Ali
    role:
      role term: author
  name:
    name part: International Islamic University Malaysia
    name part: Ahmad Ibrahim Kulliyyah of Laws
  genre: Theses, IIUM local
  origin info:
    place:
      place term: my
    date issued: 2016
  language:
    language term: ara
  physical description:
    extent: [xxvii], 459 leaves : illustrations ; 30cm.
  abstract: This comparative study focuses on the issues of guarantees for the accused during trial under Yemeni and Islamic law. This study intends to clarify the legal status of the accused during trial so that misconception against him by the society can be changed and consequently change the way legal practitioners deal with the accused. Therefore, the accused will be accorded all the guarantees affirmed by local and international laws and Islamic law (Sharia) in particular. This study demonstrates that innocence of the accused person is achieved through independent judiciary in terms of finance and administration with the necessity of observing the principles of fair public trial, and to conclude the trial within a reasonable and specified time. According to Yemeni Law, the Procuratorate bears the burden of proof of guilt of the accused. This study confirms that the fair trial guarantees must be ensured to all of the accused on an equal footing, without discrimination between the accused and another person. Equality requires that the government should give the opportunity to all accused to prepare for defense either by himself or represented by a lawyer. The researcher has also conducted field work research along with using comparative and inductive approaches. These approaches were achieved through interviewing different categories of people in legal expertise namely judges, lawyers and law professors in order to understand the real challenges faced by the accused during trial, and the extent to which the judiciary provides the guarantees as stipulated by the law in gauging its effectiveness in protecting the accused during trial. This study has achieved a number of results, among which are that the Yemeni judiciary in practice does not enjoy full independence; the majority of Yemeni courts are rented apartments which impede guarantee of public trial that requires wide places and allows all those who wish to attend the trial sessions; there is a shortage of qualified judg…
  note: إعداد، محمد علي علي الشرفي
  note: Abstract in English and Arabic.
  note: "بحث مقدم لنيل درجة الدكتورة في القانون كلية أحمد إبراهيم للقانون."-- On title page.
  note: Thesis (Ph.D.)-- International Islamic University Malaysia, 2016.
  note: Includes bibliographical references (leaves 286-310).
  subject:
    geographic code: a-ye---
  subject:
    topic: Criminal Procedure (Islamic law)
    geographic: Yemen
  classification: BPK337
  identifier: https://lib.iium.edu.my/mom/services/mom/document/getFile/ZP2qtn1A2GeKut77m6Qmcpcp7QQllswn20170228113437422
  identifier: http://studentrepo.iium.edu.my/handle/123456789/8191
  record info:
    record content source: UIAM
    record creation date: 210106
    language of cataloging:
      language term: eng