Abstract
During the late Umayyad period the (Caliph) had established a special procedure to deal with the complaints which had been presented to him, and in consequence had created the institution of (Al-Nazar fi Al-Mazalim), or the investigation of grievances. It had been developed into one of the most important office in the state.
There are some questions which had been raised in the literature on the subject by various authors regarding it's nature and origins. This articale tries to answer some of these questions by examining the rise of this institution and it's developments, and determine it's origins and judicial authority.
The most important conclusion reached in this study is that although the Islamic law had created an efficient administration of justice to deal with any legitimate complaint, but the insistence of Some litigants to present their cases to the highest authority , the (Caliph} , this had resulted in the establishment of this institution. And that it was an Islamic in nature and from. and it was not borrowed from the Sasanian administration as suggested by some orientalists. As far as the judicial authority of this institution is concered , it was not merely a court of appeal, nor it was an administrative tribunal, but it was an Islamic invention created to deal with any complaint presented to the highest authority in the state without regard to it's mature.
Recommended Citation
(1994)
"The investigation of Grievances (Al- Nazar Fi Al -Mazalim ) It's Rises , Development , and Jurisdiction A Study in the History of Islamic Institution,"
UAEU Law Journal: Vol. 1994:
No.
8, Article 2.
Available at:
https://scholarworks.uaeu.ac.ae/sharia_and_law/vol1994/iss8/2