الملخص الإنجليزي
This study aims to trace the history, status, and formation of the judiciary in Oman
from the beginning of Islam until the end of the second Ibadi Imamate, as it
constituted a source of strength in the Omani history. The study also examines the
issues related to the organization of the administrative apparatus of the judiciary, its
characteristics, and its most prominent features, as well as highlighting the
contributions of judges and their role in public life. In her study, the researcher relies
on Omani jurisprudential sources, both manuscript and printed, using a descriptive
analytical method. The study is divided into four main chapters, as well as an
introduction and preface, to present the general concept of the topic understudy on
the one hand, and to understand the political situation in Oman during the period
studied on the other hand. The chapters of the study are divided as follows: Chapter I
discusses the historical development of the judiciary in Oman from the beginning of
Islam until the end of the second Ibadi Imamate. Chapter II examines the regulations
of the administrative apparatus of the judiciary, while the Chapter III highlights the
characteristics and manifestations of the judiciary. Chapter IV focuses on the
contributions of judges and their role in public life.
This study comes up with a number of conclusions, including:
- The formation of the judiciary in Oman and its organizations began small with the
rise of the First Ibadi Imamate. Despite the fact that the political organization of the
Imamate ended after two years, the practice of the judiciary was maintained by the
scholars during the transitional period between the two Imamates (132-177AH /
749-794AD). As soon as the Omanis revived their political project by declaring the
second Imamate (177 AH / 749 CE), the Imamate started to deepen its roots and
impower its various administrative institutions, including the judiciary. This resulted
in the establishment of a judicial institution that witnessed many developments and
advanced, if not integral, litigation procedures.
- The judges of Oman were the main drivers of the Imamate political system, and the
most vigilant among the People of Power and Influence, in addition to being Imams
in some cases, participating in wars, and leading military confrontations.
- The judges enriched the cultural and intellectual life with their books, which later
became the basis for encyclopedic authorship, most importantly the production of
Judge Muhammad bin Mahboub which exceeded eight books in: jurisprudence,
faith, rulings, administration, and Sharia policy.
