The phenomenon of refusal to assume the judiciary in the Arab Islamic state until the of Abbasid era

Abstract

The research aimed to present  and discuss the reasons for refusing to assume the judiciary in the Arab Islamic state until the end of the Abbasid era, andro explain the importance of the judiciary, and the role and status of the judge in public life and for all human societies, after tribal fanaticism was ruling before Islam, and the dominance of the concept(support your brother  whether he is the oppressor or the oppressed).As result of the war that occurred the molars of Kenanah and Qais Aylan,the tribal wise men and the elders of the Quraysh agreed to conclude an alliance know as the (Fudul Alliance)and it's working principle is (that no one is wronged in Mecca unless they return his injustice to him).the prophet  Muhammad (may God's prayers and peace be upon him and his family and grant them peace) witnessed it before his honorable mission. And praises him for his mission. after the dawn of Islam and the emphasis of the Qur'anic verses on justice, in  which it referred to two types: the first  is the justice of God Al mighty with his servants, and the second :the justice that must be established in a person's relationship with his brother. What is relevant to the topic of our research is second type so we find that the Holy Qur'an is full of mentioning the establish ment of justice and fair judgment, which has an indication of justice the truth, theMost Honorable messenger (PBUH) stressed the necessity of adhering to the Holy Qur'an so he (PBUH) was the first judge in Islam. He assumed the position himself, enjoining what is right and forbidding what is wrong, intending to support the oppressed. This is what the Rightly. The phenomenon of refusal to assume the judiciary in the Arab Islamic state until the end of the Abbasider. This is what the Rightly Guided Caliphs and those who came after them tried to ensure, as they worked according to these foundations of legislation, in addition to what was introduced to be consistent with the nature of the public life of the Muslim community.