COMPARATIVE ANALYSIS OF NATURAL JUSTICE PRINCIPLES IN EU ADMINISTRATIVE LAW AND ISLAMIC JURISPRUDENCE: A DEVELOPMENTAL PERSPECTIVE

The Common Law, Roman law, and religious law are the sources of the essential concepts known as the concepts of Natural Justice (Due Process), which guarantee justice and impartiality in the process of making decisions. The following two Latin principles of natural justice are recognized in many legal systems around the world, including EU Public Administration and Islamic law and are essential for ensuring fairness and impartiality in decision-making:-

1. Nemo judex in causa sua (No one should be a judge in their own cause)
2. Audi alteram partem             (Listen to the other side)

Due process of law has two main components:

1. Procedural due process (Fair procedures that must be followed)
2. Substantive due process (Limits Government’s power to interfere with individual rights)

In addition to these two core principles, there are a number of other principles that are common to EU Public Administration and Islamic jurisprudence including the right to know the case against you, the right to cross-examine witnesses, and the right to have a decision made within a stipulated time period. The main objective of this study is to understand natural justice and due process principles in EU Public Administration and Islamic laws, identifying best practices for fairness and accountability in public decision-making. Key research problems include the relationship between natural justice and religious law, mediation’s role, the right to fair hearing, and cultural factors’ impact. A comparative study could enhance natural justice and fairness in public decision-making by identifying areas for improvement in both EU member and Islamic States legal systems. It could also raise awareness of natural justice principles in Islamic law, promoting fairness and accountability, leading to more effective public administration systems.