The judges of Al-Basrah 247-334AH/861-945 AD

(Amneh Mahmoud A. AL-Btoush)

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Abstract

Judges occupied an important position in all communities, where they were assigned the task of adjudicating disputes between people. Their importance arose from their Highness status as judiciary is ranked after the prophecy. Arab societies in the Pre-Islamic era knew Judiciary system that was developed further during the Islamic era. The paper’s main purpose is to precisely identify the status of Al-Basrah’s judges from 247 to 334 AH /861-945 AD. The importance of the topic comes from the importance of the city of Al-Basrah during the Abbasid era. This paper investigates many points of interest concerning the Judges in the light of some historical sources and references. It assessed the qualities and qualifications of the judges, their appointing and deposition, the main duties of the judge, and his relation with his assistances. The work also examines the judge's working relations with public officials, ministers, princes, and courtiers. The paper shed light on some important results. Most important that the judges were appointed by the Khalifa. However, in some cases they were appointed by princes or ministers. Moreover, most judges were jurists and Narrators of Hadith with wide knowledge of Arabic language and literature. Exceptionally, some cases were reported for judges who did not acquire such qualifications. Judges also were from Arab or non- Arab origin. It was natural that the judiciary system was affected by political circumstances that dominated the era of the study. Key Words: Al Katieb, Al Hageb, Vice-judge, Witnesses.
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