The state of the judge In Oman In the First Four Centuries of Higra

Document Type : Original Article

Abstract

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.