Abstract
Ombudsman, known as Muhtasib in Islamic tradition: is an independant, impartial, and confidential complaint handler who serves as an alternative means of dispute resolution. Historical account shows that ombudsman institutions have been known in different cultures with various nomenclatures. The Islamic Muhtasib which has been proven to predate its similitude in other cultures is an evidence of cross-cultural learning from Islamic tradition to other cultures. This remains factual notwithstanding the lack of homogeneity of its origin as well as its modern usage in public administration, human right and business regulation. Through the use of doctrinal approach and library tools, the paper presents histology of ombudsman in the Islamic, Greek, Chinese and Scandinavian tradition. The study finds that ombudsman in the Islamic legal tradition is more suitable to business regulation than similar institution which exists in other cultures
Highlights
The ombudsman concept has grown from being a medieval administrative mechanism into a modern tool for market regulation, complaint handling, consumer protection and access to justice.1 The precursor of existing ombudsman practice can be traced to the Scandinavia while similar institutions existed in Indian, Chinese and Muslim legal traditions
The paper begins with attempts to provide acceptable definition, followed by a cross cultural analysis in historical terms with an emphasis on Muhtasib
One of the earliest definitions of the term was presented in the 1974 resolution of the International Bar Association (IBA) Ombudsman Committee, which reads as follows: An office provided for by the constitution or by action of the legislature or parliament and headed by an independent, high-level public official who is responsible to the legislature or parliament, who receives complaints from aggrieved persons against government agencies, officials, and employees or who acts on his own motion, and who has the power to investigate, recommend corrective action, and issue reports
Summary
The ombudsman concept has grown from being a medieval administrative mechanism into a modern tool for market regulation, complaint handling, consumer protection and access to justice. The precursor of existing ombudsman practice can be traced to the Scandinavia while similar institutions existed in Indian, Chinese and Muslim legal traditions. The precursor of existing ombudsman practice can be traced to the Scandinavia while similar institutions existed in Indian, Chinese and Muslim legal traditions. This paper under takes a cross-cultural analysis of ombudsman, evolution and formative stage in the Islamic era, Greek civilization, Chinese and the Scandinavia before its eventual spread to the Americas, the Pacific, Africa and other parts of the world. Private sector ombudsman has been developed in banking, insurance, construction, newspaper/press and other private enterprise. This is not unconnected with the transfer of government to private entities.. The paper begins with attempts to provide acceptable definition, followed by a cross cultural analysis in historical terms with an emphasis on Muhtasib. Modern classification and the relevance of ombudsman in business regulation are discussed
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