مسؤولية الدولة عن أعمال السلطة القضائية في القانون العماني : دراسة مقارنة مع الشريعة الإسلامي

Abstract

Since judiciary is one of the vital facilities in the state; rather, an influential sovereign facility, this study has been devoted to examine one of its aspect namely “State Liability for the Actions of the Judicial Authority in the Omani Law- a comparative study with Islamic law” which is an attempt to balance between justice requirements to achieve justice on one hand and legal principles that take into account reliability of judgments and independence of the judiciary on the other hand. The study has been divided into four chapters. The introductory chapter is about the administrative liability in Sharia and law. It includes an overview of liability and its forms. In addition, it discusses the administrative liability in the Islamic law which was exercised by the Board of Grievances. The first chapter of the study deals with the general principle that the state is not liable for the actions of the judiciary as well as the justifications for this principle as embodied in judiciary independence and its binding force. Despite the supremacy of this principle, however, with the development of basics of state liability in conjunction with the development of the state’s function from being a state with limited liability to an intervening state, legislations have established some exceptions to hold the state accountable for the acts of the judiciary. These exceptions are manifested in three cases: judge litigating, seeking review, and preventive detention. The three cases have been thoroughly discussed in the second chapter. The third chapter sheds light on the general provisions of the state liability for the actions of the judicial authority in terms of jurisdictional rules and procedures for establishing it. Finally, the last chapter includes a conception of the Liability Act for the actions of the judicial authority through the provisions and legislations in force in the Sultanate of Oman in an attempt to adapt these provisions and legislations to conform with the objective of this study which is to establish legislation concerned with the state liability for the actions of the judicial authority. At the conclusion of this thesis, I reached a number of conclusions and recommendations, and the most important of these results is that the accountability of judges stipulated in Chapter Eight of the Judicial Authority Law 90/99 did not decide the right to institute a compensation claim from the judges’ mistakes, which is a legal organization that needs to be completed in order to be In line with the requirements of the desired justice. As for the most important recommendations, it is to find a legal system that defines the responsibility of the state for the work of the judiciary, which will bring about a change in the path of consolidating rights and freedoms in the Sultanate’s legislation.