I m neither a legal expert nor any one of u guys will tolerate me as islamic religious expert :) But i m just putting it to house to get feedback of honourable members.
1-
"Innocent until proven guilty" or
"Not Guilty until proven to be guilty"
In my oponion , its a globally accepted rule from worldly point of view.
From Islamic Point of view.
I think its the same although i m not sure.
2-
"Burden of proof is on authority / person making allegation , not on the alleged "
From worldly point of view , its globally accepted rule
From Islamic point of view :
I think its the same . the example i can quickly reminded of is the way Quran has prescribed the way of "Sahhadaat" in case of adultery. The accussor has to produce 4 witnesses no the accused to clear his / her position.
And in my oponion , this point applies to first question i raised.
3-
"Is it prerogative of accused to have judges of his choice"
In worldly law , its not right of accused but he can object any judge on the bench but generally its left to conscious of judge and judges don't listen cases where they have direct/indirect interest, relationship with parties or distrust shown by any party.
A famous exception i can quote is of Justice Molvi Mustaq who headed the bench in ZAB case despite ZAB's objections and for this reason , the legal fertnity didn't like molvi mushtaq's attitude.
On islamic side , i m not sure.
4-
"Is it prerogative of accused to have judicial system of his choice"
In worldly system , its not permitted. The law of land & judicial system in place is the only outlet available. Like , in US or any other country , a French can't call for trial under French law or a muslim can't call for "Shariah Law" .
In Islam , i am not sure but have couple of things to code.
Prophet PBUH , after conquering "Bano Qaainaqah -- jews near medina who conspired during days of Ghazwa Khanadaq" , asked them what he should do them. They asked for matter be decided on the basis of "Shariah Moosvi" and on their request prophet PBUH appointed one of Ansari Sahbi (I m forgetting his name) as the judge.
In history of islamic countries / governments , i haven't come across where citizen of say Egypt in Indonesia can call for egyption law to be applied.
I will appreciate , guidence from all . Thx.
