Comparison of Criminal Justice System between Islamic and Australia Law

Islamic law is a kind of religion law, and widely refers to the law based on the Islamic tenet. So, Islamic law has the close connection with the Islam. The source of Islamic law consists of the four parts as follows: (1) Koran, which is thought as the Allah' inspiration, and is the most important source of law;(2)the Sunnah of Muhammad, which includes the things he said, i.e. his badith, as well as the things he did or refrained from doing; （3）Ijma, which is the concerted opinion of the Islam's scholars for the tenet; (4) Kiyas, which means the method used to deal with the similar events with the similar principles. In Arabic, Shari’a, which means path to be followed, refers to the canon law of Islam and includes the totality of Allah’s commandment. Just like all of the religion laws, in theory, Shari’a sticks to the standpoint that as the order of Allah, the Islamic law can be absolutely and universally applied, exceeds the limitation of time and space and is never changed. In ancient, the Islamic law played the important role in uniting the people's traditional faith, maintaining the society order and leading the people's live.

The Islamic procedure law is one of the important compositions of Islamic law. Impacted by the special history conditions, many Islamic countries not only keep the conventional procedure m无忧论文 【http://www.uklunwen.com】ode based on the religion laws, such as Koran and Sunnah, but also learn from and replant the procedure mode of original suzerains, including the procedure mode of civil law system and common law system. So, in the contemporary era, the various Islamic countries have the different characteristic in procedure mode.

Australia law derives from the common law. In common law, Stare Decisis Principle is a rudimental justice principle. According to this principle, when the judge tries cases, in order to keep the confirmation, consistence and steadiness of justice trial, he must abide by the previous case similar with this case in case fact and decides the case. But, if the judge has the reasonable and fair cause, according to the actual situation, he can departure the initial case and prevent from producing the wrong case. Because the history of Australia is short, there are not enough statuary law established to adapt to the need of society development for law, and at the same time, the common law is too old to be difficult to meet the need of society development. However, with the rapid development of the economy and politics, according to the existing laws and cases, many disputes emerging can not be settled. So, based on the law theory, the judge can create the case. Thus, the case law is established. Today, the law system of Australia has evolved into the complete law system based on the common law, equity and case law.