English abstract
This paper came under the title of the principle of judicial independence between theory and practice in the Sudanese and Omani system, a comparative study. The paper sheds light on the concept of the independence of the judiciary in jurisprudence and law by studying the different legal systems in the world and how they organize the judiciary and the conditions for its assumption, requirements for independence and the principles that govern it, in addition to studying the principle of judicial independence in the Islamic system. The paper focused on the issue of judicial independence because of its direct impact on the rights of people in general and the rights of litigants in particular. The paper relied on the descriptive, analytical and comparative approach in order to describe and analyze the texts cited by the legislator regarding the principle of judicial independence, in addition to studying the jurisprudential opinions expressed in this regard, and comparing all of this with the prevailing legal systems in the world and the Islamic system. This paper aimed to highlight the Sudanese and Omani experience in their treatment of the principle of judicial independence in texts and application, in addition to standing on the theoretical and practical aspects of the principle of judicial independence in contemporary legal systems and the Islamic system. This study concluded that the text on the principle of judicial independence has become an integral part of the internal systems of states in addition to its inclusion in international covenants. As for the practical aspect and the application of the principle on the ground, it varies from one country to another. The study recommends that the paper recommends the necessity of entrusting the entire judicial authority to an independent body that is related to the judicial facility and away from the executive authority.
