The Right to A Speedy Trial:

Comparative Reflections Between Islamic Law, International Human Rights, and National Practice

Amit Pandey

Swapnil Pandey

 

Abstract: This article examines the right to a speedy trial through a transnational comparative lens, analysing the convergence and divergence between Islamic jurisprudence, international human rights frameworks, and national legal practices. Drawing upon primary sources from Islamic legal tradition, international instruments such as the International Covenant on Civil and Political Rights (ICCPR) and the European Convention on Human Rights (ECHR) and comparative analysis of seven key jurisdictions: the United Kingdom, Indonesia, Egypt, India, Myanmar, China, and Israel. This article reveals both universal principles and culturally specific approaches to timely justice. The research demonstrates that while Islamic law’s emphasis on procedural fairness (Al-’Adala al-Ijrā’iya) and efficient dispute resolution aligns conceptually with international human rights guarantees of trial within a reasonable time, significant implementation gaps persist across national contexts. Through a critical analysis of constitutional provisions, statutory frameworks, and judicial interpretations, this article argues that the effective realisation of speedy trial rights requires not merely formal legal guarantees but comprehensive systemic reforms that address institutional capacity, procedural efficiency, and access to justice. The findings contribute to ongoing scholarly discourse on transnational legal harmonisation and offer policy recommendations for strengthening procedural justice across diverse legal traditions.