In the sphere of justice, Procedural law is the
prime guarantor of human rights and the most eminent factor ensuring
realization of social justice.
Efficient proceedings cannot be achieves without an
efficient judicial organization. This fact together with the social
concern for religion in Islamic societies, as well as the intention to
throw light on a corner of the history of Islamic law, directed the
author to study and examine the organization of the judiciary in the all
improtant and influential period of Islam's prophet (P.H), the three
kaliphs and Imam Ali's administrations. The method adepted for research
has mainly been the historical method, based on retrospection holding a
contemporary view of past events. While avoiding imposition of modern
views on the past, hence, throgh the selection of the four principal
columns of the judiciary in contemporary systems modern i.e.,the courts,
law officers,..., and supervisory institutions, and by researching the
first hand historieal sources, narratives and judicial... authorities.
Selected topics which have received particular treatment in the
dissertation include: methods of dispute sett lement (arbitration and
judicial settlement), jurisdiction in proceedings, methods of appointing
iudges and law officers, role of the public in proceedings, different
types of contribution to iudicial activities at the period under study,
supervision over law offices and judges, and the course of development
of the above topics. In conclusion, the following hypothesis has been
demonstrated to obtain:
"Organization of the Judiciary in the early years of
Islam, has been improved and developed, under the dictates of
necessities and around the central idea of the right and justice."
The present dissertation, introduces the application
of the historical method in inference of rules, as a method demanding
more attention.
Organization of the Judiciary, iudicial settlement,
arbitration, amicus curiae, supervision.