Topic: Standard of proof in criminal and civil matters (compere common and sharia Law))

I want the writer who do the research methodolgy please
his reference is : 182727

see attach: there are 3 decrements.
description case, research methodology, convener’s comment.

Also I attached a Legal reference Style to apply.
Research Methodology LWN162 Assignment
Standard of proof in criminal and civil matters: Overview of the common-law system and Sharia law
Researcher’s Context and Background on the Topic
In Common Law jurisdictions, the standard of proof in the criminal matters should be ‘beyond reasonable doubt’ while in civil cases, a lower standard of ‘balance of probabilities’ or a ‘preponderance of the evidence’ is sufficient. Sharia or Islamic law also has different standards but the same is based on the subject matter and there is no strict distinction in criminal and civil terms.
Research Questions
The paper discusses the policy rationale and the philosophical justification for this distinction in Common Law jurisdictions. Further, the concept of standard of proof is generally discussed for both criminal and civil matters under Sharia or Islamic law.
Theoretical position
The paper will attempt to identify common threads of rationale in the major Common Law jurisdictions of USA, UK and Australia. Given the length of the paper, a deeper study into particular areas of law like Civil Liberties, Human Rights, etc. would not be possible as that would be outside the scope of the paper.
Methodology
The research carried out will be considerable and will include a review of leading cases, legislation, treaties of jurists and human rights conventions. For Sharia law, the Holy Quran as a primary source and Hadiths (the collection of the Prophet’s sayings and founders of Islam) as secondary sources will be used to aid the discussion under Islamic law.
Research plan
Binding precedents where the philosophical rationale and policy intent are discussed will be looked at. In addition, legislation, conventions and treaties will be searched manually and online to provide evidence where these objectives have been statutorily recognized and legislatively blessed. For Sharia law, prior knowledge of the Holy Quran and the Hadiths will be used as a starting point and then fresh research will be conducted in those sources for the purposes of the paper. Thus, the landmark case of United States v. United Mine Workers , Clingham v Royal Borough of Kensington and Chelsea and R v KM in the UK, the High Court of Australia judgment in Chief Executive Officer of Customs v. Labrador Liquor Wholesale Pty Ltd. and a number of decisions of the Strasbourg court including Luca v Italy provide various justifications for the differing standards. Moreover, jurists like Prof. Glanville Williams have also deliberated on this issue. The requisite standard required in a particular statute or a section thereof can also be sometimes mentioned expressly as can be seen, for instance, in UK’s Drug Trafficking Act 1994. As far as Sharia law is concerned, Prophet Mohammad has laid down directions directly in the Holy Quran which have been amplified in the Hadiths through his sayings and views of other scholars which are recorded in them. Surah 2:282 is the start of any inquiry in this regard followed by the standards laid down in texts like Al-Muslim, al-Sah?h, Mushkul, Kit?b al-Aqdiyah, and Al-Tirmidh?, al-Sahih, al-Ahkam.
Your goals?
Since the paper is quite modest in length, the immediate intention is to write it for the purposes of this unit. However, the contrast and differences in approach between Common Law and Sharia law is quite interesting and the points in the paper may be developed in the future for a more comprehensive paper intended for a wider circulation.
Bibliography
Cases
Chief Executive Officer of Customs v. Labrador Liquor Wholesale Pty Ltd. [2003] HCA 49.
Clingham v Royal Borough of Kensington and Chelsea [2002] UKHL 39.
Luca v Italy (2003) EHRR 46.
R v KM [2003] EWCA Crim 357.
United States v. United Mine Workers 330 U.S. 258 (1947).
Secondary Sources
Al-Muslim, al-Sah?h, Mushkul, (ed. Muhammad ‘Ali Subayah, 1334 A.H ). Kit?b al-Aqdiyah, V. 128.
Al-Tirmidh?, al-Sahih, al-Ahkam.
Williams, Glanville Llewelyn, Criminal Law: The General Part, (Stevens & Sons, London: 2nd ed, 1961).
Legislation
Civil Evidence Act 1995.
Criminal Justice Act 2003.
Drug Trafficking Act 1994.
Treaties
European Convention on Human Rights (ECHR).
Other sources
The Holy Quran.

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