سلطة القضاء الإداري في ظل قضاء المظالم الإسلامي والقانون العماني
The problem of the study is manifested in the absence of broad powers of the administrative judiciary in the Sultanate of Oman and the limitation of the role of the administrative judge to the examination of the administrative decision issued by the administrative entity, and the extent of its confo...
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| Summary: | The problem of the study is manifested in the absence of broad powers of the administrative judiciary in the Sultanate of Oman and the limitation of the role of the administrative judge to the examination of the administrative decision issued by the administrative entity, and the extent of its conformity with the law and adjudicating the case filed before the administrative court without having control over the administration. Also, the problem of the execution of the judicial ruling is considered one of the most prominent problems facing the administrative judiciary. This study seeks to achieve several objectives, including introducing the Omani administrative judiciary, its stages of development, the difficulties faced by the administrative judge and the grievance judiciary authority in Islamic Shariah, clarifying the litigation procedures that were carried out in Islamic Shariah, and organizing judicial oversight in Islamic Shariah. The importance of this study also lies in the preparation of a scientific study, which deals with the details of judicial authority in Islamic Shariah and the administrative judiciary with detail and depth and using the results and recommendations revealed by the study. In this study, the researcher relied on the descriptive analytical approach to describe and analyze the legal rules and judicial and procedural rulings related to the powers of the administrative judge in this field and the legal changes taking place therein. The study concluded several results, including it showing the existence of obstacles and issues that fully limit the performance of the administrative judiciary of its duties. The researcher believes that such obstacles and issues are due to legislative and legal reasons and that the failure to execute the judicial rulings reduces the status of the administrative judge and questions its integrity and requiring the removal of such obstacles and obliging the administration to speed up the execution of the judicial ruling. The study has also shown that there are similarities between the Islamic administrative judiciary and the Omani administrative judiciary in their primary goal, which is to achieve justice and equality, as both use the methods of proof/evidence that would lead to the revelation of the facts. However, the administrative judge in the era of Islam has other advantages: the ability to force the administration to execute judicial rulings and fully speed up the execution. Also, the Islamic administrative judiciary is the best model in history, as it is called in the Islamic ages the grievances judiciary, deriving its sources from Islamic Sharia. The current study also clarifies that Islam was the first to establish the Islamic administrative judiciary and that it has the primary role in the enactment of the judicial oversight over public authorities and granting the administrative judiciary broad jurisdiction to the stage of fully following up on the execution of the judicial ruling, preserving the authority and status of the administrative judge. |
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