CONDITIONS, TERMS, RULES AND JURISDICTIONS OF THE OMBUDSMAN IN THE LIGHT OF ISLAMIC LAW

Abstract

No nation in the past or present ever denied the importance of accountability. This is because good and bad people live together whose thinking and thoughts are strikingly different. To stop evils from prevailing in the society, there must be accountability of the perpetrators of these evils. Islamic teachings stand tall among all the religions and legal systems because to bid the good and forbid the evil is considered an integral part of an Islamic state. By reflecting on the history of Islam one cannot find any period (from the Holy Prophet Muhammad (S.A.W) to the age of Mughal in India) without the system of accountability. In Banu- Abbas period there had been proper legislation for this purpose and a separate department of accountability was set up. With the passage of time the system underwent position changes, department of accountability lie between the law enforcing agencies and department for Justice. But in certain circumstances this attains in position of the department of Justice and in other circumstances it became the department of the enforcement. This Article discusses the criteria for the selection of Ombudsman, rules and regulations of his office and his powers (Limitations). It also differentiate between Muhtasib Mutawali (Ombudsman who appointed by government) and Muhtasib Mutatawigh (Ombudsman who has not appointed by government but work voluntarily). The history of the concept and functions of accountability from Banu Abbas to Khilafat e Usmania and to Mughal dynasty has also been highlighted.