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dc.contributor.advisorAguilar, Mario I.
dc.contributor.authorAl Hinai, Mohammed bin Mahmood bin Zahir
dc.coverage.spatialxxii, 344 p.en_US
dc.date.accessioned2019-06-05T13:54:49Z
dc.date.available2019-06-05T13:54:49Z
dc.date.issued2019-06-25
dc.identifier.urihttp://hdl.handle.net/10023/17820
dc.description.abstractThe 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.en_US
dc.language.isoenen_US
dc.publisherUniversity of St Andrews
dc.subjectRule of lawen_US
dc.subjectJudicial reformen_US
dc.subjectOmanen_US
dc.subjectIbadi doctrineen_US
dc.subjectImamate State of Omanen_US
dc.subjectJusticeen_US
dc.subjectHuman rightsen_US
dc.subjectReligion and lawen_US
dc.subject.lcshKMQ202.H5
dc.subject.lcshRule of law--Omanen
dc.subject.lcshIbadites--Omanen
dc.subject.lcshReligion and law--Omane
dc.subject.lcshIslam and justiceen
dc.titleEnhancing the rule of law in Oman through judicial reform : merging (دمج) Ibadi and Western judicial thoughten_US
dc.typeThesisen_US
dc.type.qualificationlevelDoctoralen_US
dc.type.qualificationnamePhD Doctor of Philosophyen_US
dc.publisher.institutionThe University of St Andrewsen_US
dc.rights.embargodate2024-05-10
dc.rights.embargoreasonThesis restricted in accordance with University regulations. Print and electronic copy restricted until 10th May 2024en


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