COMPARISON OF POLITICAL AND SOCIAL CONTEXTS: A CAUSAL ANALYSIS OF THE DEVELOPMENT OF THE JUDICIARY

Abstract

The aim of the research is to explain the evolution of the judicial institution and its influence on political and social issues, and the research has reached the following results:

1. The development of the political and social contexts of the Abbasid caliphate between the first two periods makes it impossible to understand the deep structural and functional changes in the judicial system without contextual analysis and providing reliable historical evidence.
2. In the first period of the Abbasid caliphate (132-232 AH), which is considered the era of the first consolidation and prosperity of institutions, the concentration of political power in the person of the caliph and the central court (especially the judicial court and the court of ethics) provided a solid framework for the exercise of intellectual and executive power at the level of the judicial institution.
3. The influence of the social and class structure on the nature of the judiciary and the way of administration of justice. And the changes in the status of Iranian jurists, bureaucrats, and clerics were a reflection of the changes in the field of power.
4. The validity of the institutional structure of the judicial system in the Abbasid caliphate serves as the basic pillar for the administration of justice, and at the same time, a vital tool for exercising political power and maintaining the legitimacy of the government.
5. In the first Abbasid era, the establishment of the position of al-Qadi with the main purpose and specific structure is the establishment of a supreme authority to supervise the network of al-Qadi'a throughout the country.
6. With the beginning of the influence of the Turkish army and the worsening of the gap between the nominal authority of the caliph and the actual authority of the executive institutions, the post of al-Qadi remained within the organizational structure, but his independence and the depth of his authority were significantly reduced.