Sataev, A.F. Specific features of judicial system and judiciary in the Arabian Caliphate

Abstract: The article concerns the early period of formation and establishment of the Muslim justice and statehood, it includes analysis of the key sources of the Muslim law and all elements of development of the Muslim judicial system and judiciary throughout the period of existence of the largest and most influential early Muslim state– the Arabian Caliphate. The article provides detailed analysis of the epoch of the rule of the direct successors of the Prophet – the righteous Caliphs, of whom special attention is paid to the rule and important judicial reforms of the second caliph Omar. The next epoch of the Muslim judicial system and judiciary is related to the first caliph dynasty – the Umayyads. During their rule the institution of professional Muslim judges (qadi) was formed. The further development takes place when the Abbasids come to power in the Caliphate. The author analyzes the basis for judicial process in the Arabian Caliphate, strong and weak features of the qadi courts within the context of formation of “complaint ministry” as an independent judicial institution. In the final part of the article the author formulates a conclusion on the possibility for the use of some rules used in the Arabian Caliphate in the modern judicial systems.

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