Following the seizure of the holy Islamic cities of Mecca and Medina, the Ottoman claim of caliphal authority was solidified. Under Selim I (1470 –1520), the Empire rapidly expanded into the Middle East. The Ottoman dynasty was founded in the late 13th century in north-western Anatolia. The Ottoman judicial reforms (1839 -1876) The first period relates to the final years of the Ottoman rule (1839-1922), and the second, to the establishment of Arab independence following the British and French mandates (mid-20th century). All of this would have a marked effect on the judicial office in Arab societies. Two important periods are associated with the introduction and eventual synthesis of Islamic laws with ideas from different Western legal cultures. ![]() Secular notions of law and justice from predominantly civil legal traditions made their mark on the Islamic judge. In the nineteenth and twentieth, they were themselves drawn into a new world created in Western Europe.” 2 “In the seventh century, the Arabs created a new world into which other peoples were drawn. This time, its development would be overseen and authorised by neither ethnically nor linguistically Arab Muslim rulers: Earlier developments had refined and developed a judicial role that was religiously legitimised, only to undergo further refinements throughout the later centuries. The end of the Arab Muslim Caliphates marked a new beginning for the development of the judicial role. Western influences on the development of the Arab judge In these societies, which set themselves against law, law appears with difficulty, evolves but little, and if one attempts to transfer law born and nourished elsewhere, the result is usually failure”. “A large number of societies view law with indifference and many, particularly those we term primitive, consider the birth and development of law as a misadventure. In light of this, a core purpose of this article is to provide for a more nuanced insight into the historical development of the judicial role in the Arab region. ![]() ![]() Islamic, non-Islamic, Arab and Western legal developments have been vast and have extended beyond the Arabic-speaking region. The legal history of the Arab region spans over a millennium and any attempt to cover this in one brief article cannot capture all the historical complexities and will necessarily be limited and to a large degree, superficial. This article explores the judicial role in the region from the 19th century, focusing on the impact of the Western law to the region with emphasis on the Ottoman legal reforms in the Arab region between 1839 – 1876 and the period following the Ottoman decline in the 20th century.
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