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Title: Enhancing the rule of law in Oman through judicial reform : merging (دمج) Ibadi and Western judicial thought
Author: Al Hinai, Mohammed bin Mahmood bin Zahir
ISNI:       0000 0004 7963 1998
Awarding Body: University of St Andrews
Current Institution: University of St Andrews
Date of Award: 2019
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The aim of the study is to identify the weaknesses in the current judicial system in Oman and propose reforms to strengthen them. In order to achieve this, the constitutional principal of the 'Rule of Law' is used as the main area of focus. Reforms to enhance the adherence to the rule of law may lead to a more effective judicial reforms to enhance the performance and efficiency of the judiciary. The study aims to look at the history of the justice system in Oman and try to fuse traditional conceptions of justice with modern western conceptions, to reach an indigenous justice system for Oman. The Imamate system is 1250 years old and has an extensive judicial experience. The institutions of the Imamate and its functions are compared to the modern institutions of the state today and to western judicial thought. The Imamate state was influenced by the Ibadi sect of Islam and the research aims at bridging different religious thoughts of justice to that found in Oman. It is argued that the values of justice worldwide are the same and are derived from religion. The study analyses the four main universal pillars of the rule of law, namely: Government bound by the law, Equality before the law, Accessibility, Impartiality and Judicial Independence and the Protection of Fundamental Rights. A survey has been conducted to measure the level of adherence to the rule of law, and to identify the key weaknesses through a numerical indicator. Based on the literature and the survey findings, proposals for reform in the different sectors of the judiciary are identified and proposed.
Supervisor: Aguilar, Mario I. Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
Keywords: Rule of law ; Judicial reform ; Oman ; Ibadi doctrine ; Imamate State of Oman ; Justice ; Human rights ; Religion and law