I have detailed the utterance in the appearance of the judge’s positon
that is known in both the language and idiom and that the first appearance of
this position was in Oman and was for Amr Ebn El-aas at the sixth, eighth or
eleventh year of hijrah. And that in the Era of The Righteous Caliphs; Oman was
from those states that had the governor have the judge’s duties assigned to
him in addition to his other duties. Where there was cooperation of The Al-
glendes with the governors until the governors do their duties such as judging
and others. And The Al-glendes kept ruling over Oman behind the Umayyad
Caliphate until El-Hagag Ben Yousif El-Thakafi was appointed by the Caliph Abd
El-Malek Ben-Marawan as a prince over Iraq, this made him capable of
subjugating Oman under his ruling. And the governors kept coming and going
over Oman until the appearance of the Abbasiya Caliphate at the year (132
Hijri-749 AD) until they appointed an Imam for them and they became
independent for the management of Oman making AL-Glendy Ben Masood the
first Imam & Judge for Oman.
The authority for the appointment of a judge to an Imam or Caliph or if
even on their behalf; is through two methods. First one is the direct appointing,
which can be through the Imam or Vice Imam as they appoint those who have
the required conditions and the best of them as well only. While the second
method is through elections, and it is done by the elections of stakeholders
(the people who others come to for help) to be appointed as judges and the
election isn’t completed unless the ruler approves it. And the jurisdiction is
convened through the statement “We made you a judge of rights” and with
any other statement revolving around this particular meaning. Then i spoke
about the types of jurisdiction customization which were: territoriality (locative
jurisdiction), temporal competence (time jurisdiction), geographical jurisdiction
& the jurisdiction for a particular case. And the duties of the judge is to
separate between conflicts, fulfillment of rights and considering the judgments
involving hurting one another and even killing, and to look at the money of
orphans, and to supervise over imprisonments, and the implementation of
wills, convening of marriage to unmarried women, looking at the public
interests and its well-being, setting boundaries according to the Imam’s
authorization, promotion of virtues and proscription of vice and evil & looking
into jails.
From the qualities & ethics that should be in the judge are: to adhere to
ethics of sharia, preserve chivalry & wits, to be highly motivated, to wait for
what he deplores, to know what came before him, devout clever, intelligent
and fair for what goes on in front of him, solemn & fearful and the most
important ethic is to be equipped with generosity. He also should avoid
opposition & to have clarity. Then I talked about the relation of the judge with
the Imam, the ruler & the community after being appointed. The judge isn’t
allowed to accept any presents or buy & sell in the Judicial Council. But he is
allowed to attend funerals and check on patients. The chief justice is
considered to be the highest position in judiciary. The Imam have the right to
isolate the judge with or without reasons while the judge doesn’t have the right
to isolate himself.
(2019). The state of the judge In Oman In the First Four Centuries of Higra. مجلة البحث العلمي في الآداب, 20(Issue 4), 572-602. doi: 10.21608/jssa.2019.56138
MLA
. "The state of the judge In Oman In the First Four Centuries of Higra". مجلة البحث العلمي في الآداب, 20, Issue 4, 2019, 572-602. doi: 10.21608/jssa.2019.56138
HARVARD
(2019). 'The state of the judge In Oman In the First Four Centuries of Higra', مجلة البحث العلمي في الآداب, 20(Issue 4), pp. 572-602. doi: 10.21608/jssa.2019.56138
VANCOUVER
The state of the judge In Oman In the First Four Centuries of Higra. مجلة البحث العلمي في الآداب, 2019; 20(Issue 4): 572-602. doi: 10.21608/jssa.2019.56138